Delhi High Court
Tirupati Narashima Murari vs Union Of India & Ors. on 16 January, 2025
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 16.01.2025
+ LPA 38/2025
TIRUPATI NARASHIMA MURARI .....Appellant
Through: Mr Hari Shankar Jain, Mr Vishnu
Shankar Jain, Mr Parth Yadav, Ms
Mani Munjal, and Ms Khushboo
Tomar, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr Shashank Bajpai, CGSC, Mr
Vedansh Anand, GP, Ms Stuti
Karwal, and Mr Soumyadip
Chakraborty, Advocate for UOI/R1.
Ms Suruchi Suri, SC for ECI/R2.
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
VIBHU BAKHRU, ACJ. (ORAL)
1. The appellant has filed the present appeal, inter alia, impugning the
judgment dated 20.11.2024 (hereafter the impugned judgment) passed by the
learned Single Judge of this court in W.P.(C) No.9420/2018 captioned
Tirupati Narashima Murari v. Union of India & Others.
2. The appellant had filed the aforementioned writ petition, inter alia,
praying that an appropriate order be issued for quashing the registration
granted to All India Majlis-e-Ittehadul Musalimeen (hereafter the AIMIM) as
a political party by the Election Commission of India (hereafter the ECI).
3. The appellant had founded his challenge on the ground that the
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AIMIM does not fulfil the conditions laid down under Section 29A of the
Representation of the People Act, 1951 (hereafter the RP Act) as its object is
to further the interest of only one religious community. It is contended that
AIMIM does not spouse secular values and, therefore, grant of registration
was violative of the Section 29A of the RP Act.
4. AIMIM was founded as a political party in the year 1958. It made its
electoral debut in 1959 by contesting municipal elections in the city of
Hyderabad. Subsequently, AIMIM’s candidates also participated in elections
to the Legislative Assembly of the erstwhile State of Andhra Pradesh in
1962. In 1984, candidates belonging to AIMIM were elected to the Lok
Sabha from the Hyderabad constituency. Thereafter in the year 1989,
AIMIM applied for registration with ECI.
5. On 09.08.1989, AIMIM informed ECI that its constitution was
amended in conformity with Section 29A of the RP Act, which was
introduced by virtue of Representation of the People (Amendment) Act,
1988, with effect from 15.06.1989.
6. On 01.06.1992, ECI accepted AIMIM’s request for registration as a
political party. AIMIM was recognized as a State Party in the State of
Telangana on 19.06.2014.
7. The Aims and Objects of AIMIM as set out in its constitution is
reproduced below:
“Aim and Objectives:
The aim and objectives of the Majlis will be as
follows:
The All India Majlis Ittehadul Muslimeen shall work
for social justice and economic upliftment of the
backward sections of the society and the Muslims whoSignature Not Verified
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are backward both economically and in the field of
education, with this end in view, it seeks to:
i) Strive for unity among the Muslims and
safeguarding their rights and interests as guaranteed
under the constitution of India.
ii) Promote education both technical and non-
technical.
iii) Promote Islamic education (Deeni Taleem) among
Muslims, the reading of Quaran and its understanding.
iv) Create a general awakening among the Muslims to
abide by the Shariat Laws.
v) Resist all forms of discriminations in the
recruitment to Government jobs and in Industrial and
Educational Institutions.
vi) Remove unemployment by securing employment in
Government and Industrial establishments for Muslims
and other backward sections of the society in
proportion to their population and to establish self
employment schemes.
vii) Introduce an organised system of Zakath collection
to help the poor and deserving members of the
community.
viii) Promote harmonious and fraternal relations
between Muslims and other communities to make
them good citizens of India.
ix) Help the victims of communal violence through
rehabilitation programmes.
x) Take part in the elections to Parliament, State
Legislative Assemblies Municipal Bodies and
Panchayats and to set up candidates irrespective of
caste and creed to further the aims and objectives of
the Majlis.
xi) Strive to see that the Muslims ignore
differences and factions, stick to their respective
principles and cooperate in the maintenance of public
peace, and morality subject to the religious, economic,
social and other common problems.”
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8. The appellant also referred to Section 123 of the RP Act and
contended that the objects of AIMIM, falls within the ambit of corrupt
practices under Section 123 of the RP Act.
9. It is relevant to set out the relevant extracts the provisions of Sections
29A and 123 of the RP Act, on the basis of which, the appellant’s prayer for
de-registration of AIMIM as a political party, is founded. The same 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.
*** ***
(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, secularism and
democracy, and would uphold the sovereignty, unity
and integrity of India.
(6) The Commission may call for such other
particulars as it may deem fit from the association or
body.
(7) After considering all the particulars as aforesaid in
its possession and any other necessary and relevant
factors and after giving the representatives of the
association or body reasonable opportunity of being
heard, the Commission shall decide either to register
the association or body as a political party for theSignature Not Verified
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purposes of this Part, or not so to register it; and the
Commission shall communicate its decision to the
association or body:
Provided that no association or body shall be
registered as a political party under this sub-section
unless the memorandum or rules and regulations of
such association or body conform to the provisions of
sub-section (5).
(8) The decision of the Commission shall be final.
(9) After an association or body has been registered as
a political party as aforesaid, any change in its name,
head office, office bearers, address or in any other
material matters shall be communicated to the
Commission without delay.
*** ***
123. Corrupt practices.
The following shall be deemed to be corrupt practices
for the purposes of this Act :–
*** ***
(3)The appeal by a candidate or his agent or by any
other person with the consent of a candidate or his
election agent to vote or refrain from voting for any
person on the ground of his religion, race, caste,
community or language or the use of, or appeal to
religious symbols or the use of, or appeal to, national
symbols, such as the national flag or the national
emblem, for the furtherance of the prospects of the
election of that candidate or for prejudicially affecting
the election of any candidate:
Provided that no symbol allotted under this Act
to a candidate shall be deemed to be a religious symbol
or a national symbol for the purposes of this clause.
(3A) The promotion of, or attempt to promote, feelings
of enmity or hatred between different classes of the
citizens of India on grounds of religion, race, caste,
community, or language, by a candidate or his agent or
any other person with the consent of a candidate or his
election agent for the furtherance of the prospects of
the election of that candidate or for prejudicially
affecting the election of any candidate.”
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10. It is not disputed that AIMIM had amended its constitution to
expressly include the following clause: –
“Whereas, it is deemed expedient to amend the
Constitution and to redefine the aims and objectives of
the All India Majlise Ittehadul Muslimeen, in view of
the expanding trend in its activities, therefore the
following constitutions is adopted.
The All India Majlis Ittehadul Muslimeen bears
true faith and allegiance to the Constitution of
India as by law established and to the principles of
Socialism, Secularism and Democracy and will
uphold the sovereignty, unity and integrity of
India.”
[emphasis added]
11. Thus, it is apparent from the above that AIMIM had amended its
constitution to conform to the provisions of Section 29A(5) of the RP Act.
In view of the above, the principal contention on which the appellant’s
challenge is founded does not survive.
12. We find no infirmity with the conclusion of the learned Single Judge
that the requirements of Section 29A(5) of the Act are fully satisfied.
Therefore, there is no ground to de-register AIMIM as a political party on
the ground that its constitution does not conform to Section 29A(5) of the
RP Act.
13. The learned Single Judge also examined the power of ECI to de-
register a political party and referred to the decision of the Supreme Court in
Indian National Congress (I) v. Institute of Social Welfare & Others:
(2002) 5 SCC 685 and noted that the registration of a political party cannot
be cancelled except on a limited grounds as referred to by the SupremeSignature Not Verified
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Court in the said decision.
14. We consider it apposite to set out the following passages from the
decision of the Supreme Court in Indian National Congress (I) v. Institute
of Social Welfare & Others (supra), which in our view, was rightly
considered as dispositive of the appellant’s challenge.
“17. After Section 29-A of the Act came into force,
paragraph 3 of the Symbols Order stood amended
inasmuch as the definition of a political party in
paragraphs 2(1) and (4) of the Symbols Order was also
amended. Earlier, under paragraph 3 of the Symbols
Order, a political party was defined as a registered
party. After Section 29-A was inserted in the Act, the
definition of a political party in the Symbols Order was
amended to the effect that a political party means a
party registered with the Election Commission under
Section 29-A of the Act. Consequently, paragraph 3 of
the Symbols Order was also amended to the extent it
prescribed additional information which a political
party was required to furnish to the Election
Commission along with an application for registration.
Now such additional information the Election
Commission is authorised to call for under sub-section
(6) of Section 29-A of the Act. A perusal of
unamended paragraph 3 of the Symbols Order shows
that it did not provide for deregistration of a political
party registered under the Symbols Order. Nor any
such provision was made after the Symbols Order was
amended after Section 29-A was inserted in the Act.
Further, neither the provisions of Section 29-A of the
Act nor the rules framed thereunder, provide for
deregistration or cancellation of registration of a
political party. We are, therefore, of the view that
neither under the Symbols Order nor under Section 29-
A of the Act, the Election Commission has been
conferred with any express power to deregister a
political party registered under Section 29-A of the Act
on the ground that it has either violated the provisions
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of the Constitution or any provision of undertaking
given before the Election Commission at the time of its
registration.
*** ***
32. This matter may be examined from another angle.
If the directions of the High Court for considering the
complaint of the respondent that some of the appellant
political parties are not functioning in conformity with
the provisions of Section 29-A is to be implemented,
the result will be that a detailed enquiry has to be
conducted where evidence may have to be adduced to
substantiate or deny the allegations against the parties.
Thus, a lis would arise. Then there would be two
contending parties opposed to each other and the
Commission has to decide the matter of deregistration
of a political party. In such a situation the proceedings
before the Commission would partake the character of
quasi-judicial proceeding. Deregistration of a political
party is a serious matter as it involves divesting of the
party of the statutory status of a registered political
party. We are, therefore, of the view that unless there
is express power of review conferred upon the Election
Commission, the Commission has no power to
entertain or enquire into the complaint for
deregistering a political party for having violated the
constitutional provisions.
33. However, there are three exceptions where the
Commission can review its order registering a political
party. One is where a political party obtained its
registration by playing fraud on the Commission,
secondly, it arises out of sub-section (9) of Section 29-
A of the Act and thirdly, any like ground where no
enquiry is called for on the part of the Election
Commission, for example, where the political party
concerned is declared unlawful by the Central
Government under the provision of the Unlawful
Activities (Prevention) Act, 1967 or any other similar
law.
*** ***
35. The second exception is where a political party
changes its nomenclature of association, rules and
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regulations abrogating the provisions therein
conforming to the provisions of Section 29-A(5) or
intimating the Commission that it has ceased to have
faith and allegiance to the Constitution of India or to
the principles of socialism, secularism and democracy,
or it would not uphold the sovereignty, unity and
integrity of India so as to comply with the provisions
of Section 29-A(5). In such cases, the very substratum
on which the party obtained registration is knocked off
and the Commission in its ancillary power can undo
the registration of a political party. Similar case is in
respect of any like ground where no enquiry is called
for on the part of the Commission. In this category of
cases, the case would be where a registered political
party is declared unlawful by the Central Government
under the provisions of the Unlawful Activities
(Prevention) Act, 1967 or any other similar law. In
such cases, power of the Commission to cancel the
registration of a political party is sustainable on the
settled legal principle that when a statutory authority is
conferred with a power, all incidental and ancillary
powers to effectuate such power are within the
conferment of the power, although not expressly
conferred. But such an ancillary and incidental power
of the Commission is not an implied power of
revocation. The ancillary and incidental power of the
Commission cannot be extended to a case where a
registered political party admits that it has faith in the
Constitution and principles of socialism, secularism
and democracy, but some people repudiate such
admission and call for an enquiry by the Election
Commission, reason being, an incidental and ancillary
power of a statutory authority is not the substitute of
an express power of review.
*** ***
41. To sum up, what we have held in the foregoing
paragraph is as under:
1. That there being no express provision in the
Act or in the Symbols Order to cancel the
registration of a political party, and as such no
proceeding for deregistration can be taken bySignature Not Verified
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the Election Commission against a political
party for having violated the terms of Section
29-A(5) of the Act on the complaint of the
respondent.
2. The Election Commission while exercising
its power to register a political party under
Section 29-A of the Act, acts quasi-judicially
and decision rendered by it is a quasi-judicial
order and once a political party is registered, no
power of review having been conferred on the
Election Commission, it has no power to review
the order registering a political party for having
violated the provisions of the Constitution or for
having committed breach of undertaking given
to the Election Commission at the time of
registration.
3. However, there are exceptions to the
principle stated in paragraph 2 above where the
Election Commission is not deprived of its
power to cancel the registration. The exceptions
are these:
(a) where a political party has obtained
registration by practising fraud or
forgery;
(b) where a registered political party
amends its nomenclature of association,
rules and regulations abrogating therein
conforming to the provisions of Section
29-A(5) of the Act or intimating the
Election Commission that it has ceased
to have faith and allegiance to the
Constitution of India or to the principles
of socialism, secularism and democracy
or it would not uphold the sovereignty,
unity and integrity of India so as to
comply with the provisions of Section
29-A(5) of the Act; and
(c) any like ground where no enquiry is
called for on the part of the Commission.
4. The provisions of Section 21 of the General
Clauses Act cannot be extended to the quasi-
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judicial authority. Since the Election
Commission while exercising its power under
Section 29-A of the Act acts quasi-judicially,
the provisions of Section 21 of the General
Clauses Act have no application.”
15. The Supreme Court has authoritatively held there are only three
grounds on which the registration of a political party could would be
cancelled. The same being:
a) obtaining registration by fraud;
b) where a political party changes its nomenclature of association,
rules and regulations abrogating the provisions which conform to
Section 29A(5) of the Act or intimates to the ECI that it is ceased
to have faith and allegiance to the Constitution of India or the
principles of socialism, secularism and democracy or that it would
not uphold the sovereignty, unity and integrity of India; and
c) any such similar grounds where no enquiry is called for on the part
of the ECI.
16. Clearly, the appellant’s challenge does not fall in any of the three
exceptions as explained by the Supreme Court in its decision.
17. We also consider to note the following passage of the decision in
Indian National Congress v. Institute of Social Welfare & Others (supra)
whereby the Supreme Court had explained the reasons for not empowering
ECI to deregister a political party for noncompliance with the conditions for
grant of such registration:
“40. It may be noted that Parliament deliberately
omitted to vest the Election Commission of India with
the power to deregister a political party for non-
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registration. This may be for the reason that under the
Constitution the Election Commission of India is
required to function independently and ensure free and
fair elections. An enquiry into non-compliance with
the conditions for the grant of registration might
involve the Commission in matters of a political nature
and could mean monitoring by the Commission of the
political activities, programmes and ideologies of
political parties. This position gets strengthened by the
fact that on 30-6-1994 the Representation of the
People (Second Amendment) Bill, 1994 was
introduced in the Lok Sabha proposing to introduce
Section 29-B whereunder a complaint could be made
to the High Court within whose jurisdiction the main
office of a political party is situated for cancelling the
registration of the party on the ground that it bears a
religious name or that its memorandum or rules and
regulations are no longer conforming the provisions of
Section 29-A(5) оr that the activities are not in
accordance with the said memorandum or rules and
regulations. However, this Bill lapsed on the
dissolution of the Lok Sabha in 1996 (see p. 507 of
How India Votes: Election Laws, Practice and
Procedure by V.S. Rama Devi and S.K. Mendiratta).”
18. The learned Single Judge had accordingly held that ECI does not have
the powers to deregister AIMIM on the grounds as set out by the appellant
in the said petition. We concur with the said view.
19. In view of the above, the appeal is unmerited. It is, accordingly,
dismissed.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
JANUARY 16, 2025
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