DESIYA MAKKAL SAKTHI KATCHI Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner has sought for a Declaration, directing the first respondent to declare the amended inserted Act 21 of 1996 with respect to Section 33 of the Representation of People Act pertaining to Proviso in Sub Section (1). Order 5 and Order 6 of the Election Symbols (Reservation and Allotment) Order 1968 with respect to allocation of permanent symbols to the recognized political parties and classification of Political Parties, as Ultra Vires.

(2.) It is the case of the petitioner that under the Constitution of India, every citizen has got the right to contest in general elections to the House of Parliament and to the Legislative Assembly. A person shall not be qualified to be chosen as a representative of any state, in the council of states and House of Parliament, unless he is an elector for a Parliamentary constituency in India. Therefore, the very qualification to contest in the election is that he should be an elector in India. Likewise, the very qualification to the contest for the Legislative Assembly is that he should be an elector of that State.

(3.) The petitioner has further contended that under the Representation of People Act , Part IVA Section 29A inserted by Act 1 of 1989, with effect from 15.06.1989, 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, as derived.