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Dismissing a criminal revision petition, the Jharkhand High Court on Tuesday held that members of one political party in connection with an election would constitute a “community” and a “class of citizens of India.”

The revision petition was filed in a matter, where the petitioners were convicted for burning the banner of B.J.P, by mashal during elections. When being tried to stop, they declared that they would burn all the flags and banners of B.J.P. This incident resulted in spreading tension in the area promoted feelings of enmity and hatred.

The single-judge Bench of Justice Anubha Rawat Choudhary stating that the political party by itself is an association or body of individual citizens of India and therefore, members of the political party constitute a community within the meaning of Section 125 of the Representation of the People Act of 1951, upheld the petitioners’ conviction.

The Court observed,

“This Court is of the considered view that the act of the petitioners in burning the banner of a political party certainly promotes or attempts to promote feelings of enmity or hatred, between different classes of the citizens of India supporting one or the other political party in the name of political party.”

Brief facts of the matter

In year 2000, during elections in a village of Bokaro District in Jharkhand, the petitioners Sukhdeo Manjhi and Barli Manjhi, belonging to the opposite party, burnt a B.J.P. banner that was tied at the gate of the house of the informant in the case. A case was registered and petitioners were convicted by S.D.J.M. in year 2014 under sections Section 504 of Indian Penal Code and Sections 123/125 of Representation of the People Act, 1951 (the Act of 1951).  

Thereafter, an appeal against conviction was filed before Additional Sessions, which dismissed the same. The appellate court also recorded in its finding that there was no tension in the village with regards to election but the incident resulted in spreading tension in the village.

In the present revision petition the court examined whether the term ‘community’ in Section 125 of the Act of 1951 that provides punishment for Promoting enmity between classes in connection with election intends to include members of a political party as a community or class or not.

Stating that the word “community” or “classes of citizens of India” used in Section 125 has not been defined under the provisions of the said Act, the court interpreted,

“Literal or natural meaning of the word “community” and supporters of one political party would also constitute a “class of citizens of India”. Although the term “community” has been used along with the terms race, religion, caste and language but this by itself cannot curtail the natural, literal and dictionary meaning of the term “community” when seen in the light of very object and purpose of the Act of 1951.”

Law in Question

Section 125 of Representation of the People Act, 1951 is quoted as under:

“125. Promoting enmity between classes in connection with election. - Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.”

Case Title: Sukhdeo Manjhi Vs. State of Jharkhand