New Delhi: Asaduddin Owaisi has got a big relief from Delhi High Court. The court has rejected the petition filed against AIMIM. The petition sought to cancel the registration granted to All India Majlis-e-Ittehadul Muslim (AIMIM) as a political party by the Election Commission of India (EC).
The court has upheld the validity of AIMIM's registration. The challenge against it was rejected. Petitioner Tirupati Narasimha Murari challenged the Election Commission of India (ECI) decision to register and recognize AIMIM as a political party.
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Petitioner's argument
The petitioner argued that AIMIM does not fulfill the requirements laid down under Section 29A of the Representation of the People Act, 1951. The petitioner argued that the Constitution of AIMIM seeks to advance the interests of primarily a single religious community – Muslims, thereby violating the secular principles mandated by the Constitution and the Act, which require all political parties to abide by the principles of secularism. It is necessary to follow.
Why did the court reject the petition?
The Court said the purpose of defining “corrupt conduct” is to address disputes during the election process, including election petitions and disqualification of candidates under Section 8A of the Representation of the People Act. It further clarified that the provisions of Section 123 of the Act are not relevant to the criteria for registering a political party, but relate to the outcome of specific elections and the disqualification of persons from participating in the electoral process. Therefore, the Court rejected the petitioner's argument on the basis of Section 123.
How are political parties formed?
Actually, under Section 29A of the Representation of the People's Act, 1951, anyone can form their own political party. Under the Representation of the People's Act and Article 324 of the Constitution, the party has to submit its application to the Election Commission within 30 days of the announcement of formation of the party. To form a new party, information about the party should be published in 2 national and 2 local newspapers. After this, two days are given to file the objection. Anyone can lodge an objection against the name of the new party. If no objection is raised then the party gets the green signal. (with agency input)
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