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PRATEEK JALAN
TIRUPATI NARASHIMA MURARI – Appellant
Versus
UNION OF INDIA – Respondent
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”]:
(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
The Election Commission lacks authority to deregister a political party unless specific exceptions apply, as established in prior case 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 polit....
The Election Commission's decisions regarding political party registration and recognition are not subject to arbitrary challenge, and the petitioner failed to prove any legal basis for deregistratio....
The court emphasized the need for legislative reform to empower the Election Commission and regulate caste-based political appeals while highlighting the limited powers of the Election Commission reg....
The impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
The Election Commission possesses lawful authority to enforce the Symbols Order, 1968, establishing differentiation in political party recognition and privileges as not arbitrary, supporting electora....
The ECI's power to allot symbols under paragraph 15 of the Symbols Order is independent of its power to register political parties under Section 29A of the Representation of the People Act, 1951, and....
Writ of mandamus - Election - Writ of mandamus in favour of a person, the person claiming, must establish his legal right in himself - Then only a writ of mandamus could be issued against a person, w....
Point of law: It is the political parties which sponsor candidates, that are in a position to incur large election expenses which often run into astronomical figures. We do not consider that preferri....
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