GORKHA JANMUKTI MORCHA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a direction upon the Election Commission to decide as to who represents the registered political party described as the first petitioner in the writ petition.

(2.) Learned senior advocate for the petitioner submits that, the petitioner applied before the Election Commission informing the Election Commission of the change of composition of the first petitioner and to take on record such composition of the first petitioner in terms of Section 29A of the Representation of the People Act, 1950. He submits that, the request was initially considered by the Election Commission. A hearing was given to the petitioner in the month of August, 2018. Thereafter, the Election Commission did not take any steps.

(3.) In Referring to the definition of a political party as appearing in Section 2(f) of the Act of 1950, learned senior advocate for the petitioner submits that, Section 2(f) of the Act of 1951 describes a political party. Neither a recognised political party nor an unrecognised political party are defined in the Act of 1951. He draws the attention of the Court to the Election Symbols (Reservation and Allotment) Order, 1968 and submits that, the same also defines a political party. The order of 1968 proceeds to classify the political parties as a National or State party. It lays down the conditions for recognition of State party, a National party as also the condition for continued recognition of a party as a National or a State party. He submits that, the power of the Commission to decide disputes in relation to splinter groups or rival sections of a recognised political party is provided in Clause 15 of the Order of 1968. Since, the first petitioner is yet to be a recognised political party, therefore, the question of applying the provisions of the Order of 1968 does not arise. He relies upon (Jeevan Chandrabhan Idnani & Anr. Vs. Divisional commissioner, Konkan Bhavan & Ors., 2012 2 SCC 794) with regard to the scope of the Order of 1968. According to him, Section 29A(9) of the Act of 1951 empowers the Election Commission to decide upon the disputes as presently obtaining. Moreover, in the facts of the present case, since the Election Commission has already intervened, according to him, the Election Commission should be directed to take final decision.