S S KARANA Vs. ELECTION COMMISSION

JUDGEMENT

(1.) C.J., S.S.Karana, who claims to be an active Congress (1) worker for the last 4-5 years baa approached this Court under Article 226 of the Constitution of India for issue of an appropriate writ restraining the President of the All India Congress Committee (1) from nominating two members on the Congress Working Committee to the seats vacated by the elected members in the Triputi Session of AICC (I). as the same would be in contravention of the party's constitution.

(2.) . It cannot be disputed that All India Congress Party (1) is a registered political party and is not amenable to the jurisdiction of this Court under Article 226 of the Constitution of India. But to maintain a pKetition under Article 226, the Election Commission has been impleaded as a party besides the President of AICC (1) on t ground that under Section 29A of the Representation of the People Act, 1951, it is the Election Commission who has to register political parties and by virtue of sub-section 9 of the aforesaid section, any change in its name. head office, office-bearers, address or in any other material maters shall be communicated to the Commission without delay. The stand taken by counsel for the petitioner is, that the writ petition in fact, is directed against the Election Commission to keep the President of the AICC (1) within the bounds of Section 29A of the Act, in order to appreciate the arguments, it would be useful to examine section 29A of the Act.

(3.) . Section 29A provides for registration of political parties with the Election Commission. Under sub-section (1) art association or body of individuals calling itself a political party and intending to avail itself of the previsions of Part IV-A has to make an application to the Election Commission for its registration as a political party for the purposes of the Act. Sub-section provides how the application has to be made. Sub-section provides who is to sign the application and to whom it is to be presented or sent. Sub-section (4) would be more relevant for cur consideration. It provides what particulars are to be contained in such application. It says to give the name of the association or body the State in. which its head office is situate; the address to which letters and other communications meant for it should be sent : the names of its President, secretary, treasurer and other office-beaners, the numerical strength of its members, and if there are categories of its members, the numerical strength in each category; whether it has any local units; if so, at what levels; and whether it is represented by any member or members in either House of Parliament or of any State Legislature; if so, the number of such member or members.