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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJAN ROY, ABDHESH KUMAR CHAUDHARY
Moti Lal Yadav – Appellant
Versus
Chief Election Commissioner Election Commisn. of India – Respondent
| Table of Content |
|---|
| 1. overview of the case and participants. (Para 1) |
| 2. petition for banning caste-based political activities. (Para 2 , 11 , 14) |
| 3. court's analysis on the legal framework regarding caste rallies. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 12 , 19) |
| 4. limitations of the election commission on deregistration of parties. (Para 15 , 17) |
| 5. final order and directions regarding implementation. (Para 18 , 20 , 21) |
JUDGMENT :
1. Heard Shri Moti Lal Yadav, Petitioner in person, Shri Rajat Rajan Singh, learned Amicus Curiae appearing on behalf of the petitioner, Shri O.P. Srivastava, learned Senior Advocate assisted by Ms. Anupriya Srivastava, learned counsel appearing for opposite party no.1 as well as Ms. Isha Mittal, learned Additional Chief Standing Counsel for the State and perused the materials available on record.
Notices were issued to opposite party nos. 5 to 8 and based on office report the same is deemed sufficient as per the Rules of the Court, a fact which has been noticed in the order dated 07.08.2024. None has appeared on behalf of the opposite party nos. 5 to 8 to contest the matter.
2. By means of this writ petition, petitioner- Moti Lal Yadav has prayed for the followin
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 Election Commission lacks authority to deregister a political party unless specific exceptions apply, as established in prior case law.
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 impugned clauses in the letters of registration were referable to the Second Amendment Order 1989 and within the Election Commission's power and jurisdiction.
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....
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: petitioners are entitled to claim a right under the Constitution to vote and contest in the elections. But, that right must be a right accrued to Petitioner Nos. 2 to 4, as on the date ....
The Election Commission must confirm the existence of rival groups before exercising jurisdiction over political party disputes under Section 29A.
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