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2021 Supreme(Del) 343

PRATEEK JALAN
Anna YSR Congress Party – Appellant
Versus
Election Commission of India through its Chief Election Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. P.B. Suresh, Mr. Vipin Nair, Mr. Karthik Jayashankar, Mr. Arindam Ghosh.
For the Respondents: Mr. Sidhant Kumar, Mr. Rajiv Nayar, Mr. Mahfooz A. Nazki, Mr. Gowtham Polanki, Mr. Amitabh Sinha, Mr. Shrey Sharma.

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 registr

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