Point of Law: Election - Registration with Election Commission of associations and bodies as political parties - Conditions for recognition as a State party - At time when petitioner sought registration as a political party with name “Anna YSR Congress Party” it was well aware that Respondent No. 2 is already registered as political party and uses an abbreviation which includes term “YSR.”

JUDGMENT :

PRATEEK JALAN, J.

1. By way of this petition under Article 226 of the Constitution, the petitioner seeks a direction upon the Respondent No. 1-Election Commission of India [“ECI”] to withdraw the registration of Respondent No. 2 herein, viz. “Yuvajana Sramika Rythu Congress Party”, as a political party, and also to withdraw its status as a recognised State party.

Facts

2. The petitioner and Respondent No. 2 are both political parties, registered under Section 29A of the Representation of the People Act, 1951 [“the Act”]. The petitioner’s name is “Anna YSR Congress Party.” It contends that Respondent No. 2, registered as “Yuvajana Sramika Rythu Congress Party” is using an abbreviated form of its registered name, viz. “YSR Congress Party” which is deceptively similar to the petitioner’s name. According to the petitioner, such use by Respondent No. 2 is contrary to directions of the ECI, and Respondent No. 2 is consequently liable to withdrawal of its registration, and its status as a “recognised political party.”

3. In 2010, Respondent No. 2 filed an application for registration as a political party under Section 29A of the Act. The name under which it originally sought registration was “YSR Congress Party.” Upon the ECI notifying an objection to the proposed name, Respondent No. 2 was ultimately registered on 31.01.2011 under the name “Yuvajana Sramika Rythu Congress Party.” It has thereafter acquired the status of a recognised State political party under paragraph 6A of the Election Symbols (Reservation and Allotment) Order, 1968 [“the Symbols Order”], which was issued by the ECI on 31.08.1968. Respondent No. 2 is at present the governing party in the State of Andhra Pradesh.

4. The petitioner applied to the ECI for registration in the year 2014. During the pendency of the application, Respondent No. 2, by a communication dated 31.10.2014, objected to the registration of the petitioner, stating that Respondent No. 2 is a recognized State political party and it is popularly known as “YSRCP.” The objection of Respondent No. 2 was on the ground that the name of the petitioner was very similar to the name of Respondent No. 2. However, this objection was rejected by the ECI’s communication dated 06.05.2015, and the ECI ultimately registered the petitioner as a political party by a communication dated 29.09.2015.

5. According to the petitioner, Respondent No. 2 uses the abbreviation “YSR Congress Party” in election propaganda, letterheads and other publicity material, although it uses the full form of its name in communications addressed to the ECI. The petitioner has addressed a representation dated 30.06.2020 to the ECI in which it has been alleged that Respondent No. 2 has contested the general elections to the Lok Sabha in 2019, using a name that is deceptively similar to that of the petitioner, rather than its own registered name. The petitioner sought an investigation and appropriate action against Respondent No. 2 based on this allegation.

6. As the ECI has not taken action as requested by the petitioner, the present writ petition has been filed seeking the following reliefs:-

“(i) DIRECT Respondent No. 1 to withdraw Respondent No. 2’s status as “recognised political party” under Para 6A read with Para 16A of the Election Symbols (Reservation and Allotment) Order, 1968).

(ii) DIRECT the Respondent No. 1 under its inherent powers to de-register Respondent No. 2 as a political party under the Representation of People Act, 1951.

(iii) PASS any other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

Contentions of the parties

7. Mr. P.B. Suresh, learned counsel for the petitioner, referred to a communication dated 28.01.2011, sent by the ECI to Respondent No. 2 during the pendency of the application of Respondent No. 2 for registration. By the said communication, the ECI called the representatives of Respondent No. 2 to appear before it at a hearing scheduled on 31.01.2011. The ECI al