SHAIK MAHBOOB BASHA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The Petitioner formed a political entity, by name, 'YSR Association' and got it registered on 18-09-2009 with the Registrar of Societies, Kadapa. According to him, on 05-11-2009 he has decided to make it a full-fledged political party. On that basis, he made an application on the same day to the Election Commission of India the 1st Respondent herein to register it under Section 29-A of the Representation of the People Act, 1951 (for short 'the Act'). The Under Secretary of the 1st Respondent, the 2nd Respondent herein, passed an order, dated 13-11-2009, rejecting the application on the ground that the application was made beyond 30 days, prescribed under Section 29 of the Act. The Petitioner made representations on 12-12-2009 and 18-12-2009 to the 2nd Respondent to review the decision, reiterating the contention that the Association/Party was formed only on 05-11-2009. Through order, dated 11-5-2010, the 2nd Respondent informed the Petitioner that the Association was formed on 18-09-2009 and since the application was filed beyond 30 days, the earlier decision would hold good. This writ petition is filed challenging the letter, dated 11-05-2010.

(2.) Sri V.R. Reddy Kovvuri, learned Counsel for the Petitioner submits that though the registration of the Association has taken place on 18-09-2009, the decision to make it a political party was taken by the Petitioner on 05-11-2009 and the application under Section 29-A of the Act was filed on the same day. He contends that what becomes registerable under Section 29-A is a political party and not an Association bereft of any political character.

(3.) Sri Section Niranjan Reddy, learned Counsel for the Respondents, on the other hand, submits that in clear terms Section 29-A refers to an Association and formation thereof, and such an eventuality in the case of the Petitioner has taken place only on 18-09-2009. He submits that admittedly, the application for registration was filed on 05-11-2009 i.e. beyond 30 days and that the impugned order does not warrant any interference.