- (1.) THIS public interest litigation has been filed by a practising Advocate of this Court who has made declaration in terms of the requirements of the High Court Rules. His main grievance is that the political parties impleaded herein have organised caste based rallies for political end in the recent past and some of them have again decided to hold such rallies in near future and have also distributed their programmes. According to him, the free and fair election is the bedrock of our political philosophy and the backbone of our democratic system. The Election Commission of India, which has been empowered and assigned the duty of framing rules in order to ensure fair elections, has failed to carry out the mandate of law, therefore, it may be directed to frame rules for controlling the political parties against all the acts of commission or omission undertaken to influence the voters on the basis of caste and religion. Learned counsel submits that the most significant attempt in this direction has been the act of organizing caste based rallies. The caste minorities in India, because of such anti -democratic activities of political parties designed in order to woo the votes of majority groups, have been reduced to the category of second class citizens in their own country. Despite the clear constitutional provisions and the fundamental rights enshrined therein, they are feeling disillusioned, dismayed and betrayed because of being placed in disadvantageous position in the number game of vote politics. They have virtually lost confidence in the system and have stopped taking active part in the governance of the country. They are almost resigned to their fate and survive with a ray of hope in the judicial system. This has also led to tremendous increase in all types of litigation and resultantly the responsibilities of higher courts have also increased manifolds. Invariably, in every matter filed before the High Court involving the breach of fundamental rights or statutory rights, making allegations of harassment and discrimination against the majority groups said to be working with the help of the political party in power, is a common feature. Thus, the petitioner has prayed for issuance of writ of mandamus to the Election Commission of India to ban all caste based rallies and congregations being organized with political motive and to cancel the registration of political parties found to be organizing such rallies. It is also prayed to direct all the respondents to impose ban on contesting election on caste line with usual prayer to grant any further and/or other suitable writ, order or direction which this Court may deem fit and proper in the interest of justice, which according to him may require a writ Court to pass any other order/direction that it deems fit and expedient in the interest of justice.
(2.) ON the other hand, there is no such contention from the learned State counsel as to counter the aforesaid submissions of the petitioner.
(3.) ON a careful perusal of the pleadings and having given our anxious consideration to the submissions, as aforesaid, we find merit in the arguments of the petitioner in person. The petitioner has raised the issue before this Court only in order to seek the reinforcement of the majesty of rule of law as also the fundamental rights of the citizens, irrespective of their caste, creed and religion. It is a historical fact that the caste system has existed across the religions and throughout the world but it has always introduced the element of schism, and the evils of discrimination apart from inciting group violence in the society. The cases of discrimination between Jews and non -Jews, between Black Africans, Indians and other colour reds and whites etc. are not unknown to the world. The policy of apartheid has always invited severe criticism from the polities all over, may they be the developed or under developed countries, including India.;