EC should have passed proper order on plea against SAD’s registration: HC | India News,The Indian Express
The bench rejected the ECI's argument that the Supreme Court has held that the poll panel does not have the power to de-register a political party.
The Delhi High Court on Thursday told the Election Commission of India (ECI) that it should have passed a “proper speaking order” on the complaint alleging that Shiromani Akali Dal (SAD) played fraud and committed forgery by “falsely” claiming to be “secular” in its application in 1989 seeking registration as a political party.
The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that no reasons for rejection have been assigned in the order passed in January 2008.
“Once a complaint of fraud was made, they were under an obligation to pass the order, keeping in view the complaint made,” the court said.
It rejected the ECI’s argument that the Supreme Court has held that the poll panel does not have the power to de-register a political party.
Advocate Indira Unninayar, representing petitioner Balwant Singh Khera, earlier argued that in its decision in the ‘Indian National Congress (I) vs Institute Of Social Welfare’ case, the apex court said that the EC can review its order to register a party if such registration was obtained by playing fraud on the Commission.
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