The Election Commission told the Supreme Court that there is no express provision under law which bars associations with religious connotations to register themselves as political parties.
The poll panel response came on a plea which had sought direction to it to cancel the symbol or name allotted to the political parties which symbolise a religion, PTI reported.
It, however, said the registered names of those existing political parties which are having religious connotation have become legacy names as they have been in existence for decades.
Petitioner Syed Waseem Rizvi, alias Jitendra Tyagi, has sought direction to the Election Commission to cancel the symbol or name allotted to the political parties which in any way symbolise any religion as such practice violates the social fabric of the Constitution.
The top court has asked the Indian Union Muslim League (IUML) to file its response on a plea alleging misuse of religious names and symbols by political parties.
Senior advocate Gaurav Bhatia, appearing for Rizvi, said that IUML is a registered political party in Kerala and has legislators in the assembly and the petitioner has also made party the All India Majlis-E-Ittehadul Muslimeen (AIMIM).
Bhatia, along with advocate Abhikalp Pratap Singh, said the petitioner has relied on decision of the seven-judge constitution bench in the Abhiram Singh case, in which it was held that election will be annulled if votes are sought in the name of the religion of the candidate.
Bhatia said that ‘Shiv Sena’ is not in the name of Lord Shiva but Chhatrapati Shivaji Maharaj.