SC says cannot direct EC to de-recognise any party | india | Hindustan Times
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SC says cannot direct EC to de-recognise any party

The court says it cannot direct EC to de-recognise a political party on the ground that it takes part in religious activities.

india Updated: Feb 05, 2007 18:53 IST

The Supreme Court has said that it cannot direct the Election Commission to de-recognise or de-register a political party on the ground that it takes part in religious activities.

"We cannot give direction to the Election Commission to de-recognise a political party and we will not allow your prayer," a three-Judge Bench comprising Chief Justice KG Balakrishnan, Justice RV Raveendran and Justice DK Jain said while refusing to entertain a PIL seeking to derecognise Shiromani Akali Dal (Badal) as a political party.

The petition, filed by a social worker, contended that the elections to the apex Sikh religious body, the Shiromani Gurudwara Prabandhak Committee (SGPC) and also the Delhi Gurudwara Prabandhak Committee, claiming that this was against the law.

It also alleged that Representation of People's Act did not permit a political party to be non-secular and registration of a political party was possible only when it gave an undertaking bearing allegiance to the principles of socialism, democracy and secularism.

The Election Commission had also stated that it did not have power to de-register a political party, the petioner's lawyer Prashant Bhushan pointed out, when suggested by the bench that he should approach the Commission on this matter.

"If you are aggrieved by the Election Commission order, you can challenge that order. We can then entertain your petition but in the present petition, we cannot entertain your prayer," the bench said.

Bhushan contended that in the light of the previous judgements of the Court, the Election Commission could not de-register a political party and only the court could decide the matter.