IMPORTANT POINT
The Election Commission lacks authority to deregister a political party unless specific exceptions apply, as established in prior case law.

JUDGMENT :

PRATEEK JALAN, J.

1. By way of this writ petition, under Article 226 of the Constitution, the petitioner seeks the following reliefs against the respondent No. 2-Election Commission of India [“ECI”]:

“(a) Issue an appropriate writ or order quashing the registration granted to All India Majlis-e-Ittehadul Musalimeen as a political party by the Election Commission of India.

(b) Issue an appropriate writ or order quashing the circular/order No. 56/Review/2014/ PPS-II dated 19.06.2014 issued by the Election Commission of India granting recognition to All India Majlis-e-Ittehadul Musalimeen as a State level party in the State of Telangana (Annexure P-3).

(c) Issue an appropriate writ or direction in the nature of mandamus restraining the Election Commission of India from recognizing and treating the All India Majlis-e-Ittehadul Musalimeen as registered political party hence.

(d) Issue any other writ, order or direction as the Hon'ble Court may deem fit and proper to do complete justice in the case.”

(A) Facts:

2. At the time of filing of the writ petition, the petitioner was a member of Shiv Sena, a political party registered and recognised by the ECI [In the course of hearing, I was informed that the petitioner is now a member of the Bhartiya Janata Party]. He assails the ECI’s orders registering and recognising the respondent No. 3-All India Majlis-e-Ittehadul Musalimeen [“AIMIM”], as a political party, on the ground that it does not fulfil the conditions laid down in Section 29A of the Representation of the People Act, 1951 [“the Act”]. The petitioner’s contention is that the constitution of AIMIM is intended to further the cause only of one religious community (viz. Muslims), and thus militates against the principles of secularism, to which every political party must adhere under the scheme of the Constitution and the Act.

3. AIMIM was founded as a political party in the year 1958, and made its electoral debut in 1959 by contesting municipal elections in the city of Hyderabad. Subsequently, it expanded its participation to elections to the Legislative Assembly of the erstwhile State of Andhra Pradesh in 1962. In 1984, AIMIM secured a victory in the Lok Sabha elections from the Hyderabad constituency, following which it applied for registration with ECI in 1989.

4. Section 29A of the Act was inserted by the Representation of the People (Amendment) Act, 1988, with effect from 15.06.1989. AIMIM thereafter addressed a communication dated 09.08.1989 to the ECI, stating that its Constitution had been amended to bring it in line with Section 29A, including by incorporation of the provision contemplated in Section 29A(5) of the Act. The ECI accepted AIMIM’s request for registration on 01.06.1992.

5. AIMIM qualified for recognition as a State party in the State of Telangana, after contesting elections regularly since and obtaining the necessary votes, and was granted such recognition on 19.06.2014. I am informed that the status of AIMIM as a recognised State party still subsists.

(B) Statutory provisions:

6. In the course of their arguments, learned counsel for the parties cited Section 29A and 123 of the Act, the relevant provisions of which are set out below:

“29A. Registration with the Election Commission of associations and bodies as political parties:

(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.

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(5) The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secul