ALL INDIA MAJLISEINQUILABEMILLAT Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner challenges the proceedings of the 2nd respondent bearing No. 2751/TSEC-L/2019, dated 13.04.2020 as arbitrary and violative of Articles 14, 21 and 243-K of the Constitution of India and consequently, seeks a direction to the 2nd respondent to register the petitioner political party as filed in Application dated 07.10.2019.

(2.) The brief averments in the writ affidavit are that, the petitioner claims to be a political party registered with the 1st respondent with Registration Number 56/03/2019-19/PPS-I, under Section 29-A of the Representation of Peoples Act, 1951. The objects of the party, as claimed, are:

(3.) It is asserted that originally, the petitioner proposed to register the name as 'All India Majlis-Itehadul-Millat', however, an objection was raised by the 1st respondent that the name is similar to a local party in the State of Telangana, hence, the President of the party had submitted five alternative names from which the 1st respondent had chosen to approve the name of 'All India Majlis-E-Inquilab-E-Millat', as it is the mandate of the Constitution that under Article 243-K, superintendence, direction and control of preparation of electoral rolls for conduct of all elections to panchayar raj bodies and municipal bodies in the State shall be vested in the State Election Commission. Subsequently, the petitioner applied for registration of their party on the rolls of Telangana State Election Commission vide Application dated 07.10.2019, stating that they intend to contest the elections in the State of Telangana for rural and urban local bodies. The petitioner complied with the necessary formalities like advertising in the newspapers and thereafter, as directed by the 2nd respondent, had also given undertaking that it would not use the abbreviation 'AIMIM'. Though this objection was in the teeth of the recognition already granted by the 1st respondent, the petitioner had given undertaking on 10.02.2020 stating that it would not be using abbreviation 'AIMIM', and would be using 'AIMIM(Inquilab)' whenever and wherever the party name is required, from the time of granting of registration. The 2nd respondent, after constant persuasion, issued a public notice in their website / Gazette dated 18.03.2020 calling for objections. Thereafter, the petitioner received the impugned communication dated 13.04.2020, only on 20.05.2020, rejecting the Application for registration of 'All India Majlis-E-Inquilab-E-Millat Party' directing it to file a fresh Application by changing the name of the political party. It is only through the impugned order, for the first time, the petitioner came to be aware of the objection having been raised by one Mr. Syed Ahmed Pasha Quadri, General Secretary, All India Majlis-E-Ittehadul Muslimeen, vide letter dated 30.03.2020 and thereafter reiterating his objection raised earlier in his letter dated 28.12.2019 stating that