SURINDER KUMAR RALLI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the President of Desh Bakht Party. It is stated that the said party is registered with the Election Commission of India, bearing registration No. 56/132/90 dated 20 12.90 The petitioner had referred to the oncoming elections to the Municipal Corporation Delhi, Scheduled for 23.2.1997, and states that the election process starts with the filing of the nomination papers on 24.1.97. The filing of nominations is slated to close on 31.1.97.

(2.) The petitioner challenges the notification which prescribes that nomination papers of candidates set up by an unrecognised party and independents should have at least 10 proposers. The petitioner's contention is that while recognised political parties are allowed to have their candidates proposed by a single proposer, it is unreasonable to require 10 proposers so far as independent candidates and candidates set up by recongnised political parties are concerned. It is stated that the fact that some of the unrecognised, parties are registered is a factor which should have been taken into consideration and that it was not permissible to require even registered political parties like the petitioner to have their candidates proposed by 10 proposers. Petitioner has also challenged the vires of the notification on the ground that the Government of the National Capital Territory of Delhi has no power to issue the Notification dated 24.10.96.

(3.) We have heard learned counsel for the petitioner, Capt. Virender Kumar (Retd.) and the learned counsel for the Election Commission, Mr. Pradeep Nandrajog, at the stage of admission.