De-recognising parties: Law Ministry to decide

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, while disposing a plea moved by one PA Joseph of Arumbakkam, conceded to the argument put forth by EC’s counsel Niranjan Rajagopal that when there is no statute, then Article 324 of the Constitution can be invoked. 

But in the present situation 29A of Representation of Peoples Act speaks about the registration but not about the de-registration of the political parties, he said. He further submitted that in 1998 the EC had already recommended to the Government to amend the law enabling the EC to de-register a political party, which violates the Constitution and that the Parliament is seized of the issue.  

Based on this, the bench held, “Unless such time as the recommendations of the EC is accepted it is doubtful whether a political party once registered can be de-registered except in the circumstances mentioned by the Supreme Court vs Indian National Congress case.” 

Earlier, senior Counsel KM Vijayan who appeared for the petitioner argued that the EC, a constitutional authority, which has the power to register a political party, should also have power to de-register it. The plea had come forth based on the queries posed by the petitioner to the EC through Right to Information Act, wherein the EC had stated that it had no powers to de-register political parties.