CHANDRA PRAKASH KAUSHIK Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The challenge in this Intra-Court appeal is to the judgment dated 02.05.2011 allowing W.P.(C) No.704/2011 preferred by the respondent No.2 Swami Chakrapani, by quashing the "order dated 14.01.2011 of the respondent No.1 Election Commission of India (ECI)." Notice of this appeal was issued and vide interim order dated 27.09.2011 "status quo existing as on today" was directed to be maintained till the next date of hearing. The said interim order was made absolute on 13.10.2011. CM No.18167/2011 was preferred by one Dr. Santosh Rai for and on behalf of one Sh. Kamlesh Tiwari [claiming to be the duly elected President of the Uchchadhikar Samiti (High Power Committee) of Akhil Bharat Hindu Mahasabha] for intervention. He was allowed to so intervene and his counsel has also been heard along with counsel for the parties.

(2.) Akhil Bharat Hindu Mahasabha (ABHM) is stated, to have been organized as far back in the year 1907 and registered as a Society under the Societies Registration Act, 1860 in the year 1917; it participated in the elections held in the year 1926 to Provincial Legislatures and in the year 1930 in the elections for the Central Assembly; it became a political party in the year 1937 and enjoys the status of a registered political party within the meaning of Section 29A of the Representation of the People Act, 1951, though not recognized.

(3.) The letter dated 14.01.2011 of the respondent No.1 ECI and impugning which the writ petition from which this appeal arises was filed inter alia records: