One of the prayers in Swamy’s plea is to strike down sub-section 5 of Section 29 (A) of the Representation of the People Act, 1951.
Section 29-A of the Act provides for the registration of associations and bodies as political parties with the Election Commission. Sub-section 5 requires an application for registration of a political party to carry an undertaking that the applicant shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.
This prayer, Viswam contends, it to see to it that an appeal for votes on the basis of religion would become legal.
Sub-section (3) of Section 123 of the Representation of the People Act, 1951 treats an appeal to the electorate to vote on the basis of religion, race, caste or community of the candidate or the use of religious symbols as a corrupt practice.
“The necessity is of giving an undertaking such that of section 29 (A) would make it impossible for a political party to seek votes in the name of the religion without falling foul of the prohibited provision of section 123,” Viswam’s application contends.
Source: Barandbench
