In response to a petition filed by the president of the Socialist party seeking the de-registration of the respondent parties, under the provisions of the Representation of People’s Act, the Delhi High Court has reportedly issued a notice to the Election Commission of India.
The petition alleges that the respondents fabricated documents to feign compliance of the required provisions, stated that “SAD calculatingly and intentionally withheld from EC, its real party ‘Constitution/ Rules and Regulations’ of 1974 which limits membership of the party to adult singhs and singhnis (baptized male and female Sikhs) and has several other ‘non-secular’ provisions although it continued to use it for the purpose of contesting Sikh Gurdwara elections and fielding candidates in the Party’s name to SGPC and DSGMC which are Sikh religious bodies.”
According to Section 29A (5) of the Representation of People’s Act,
“The application (for registration) under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.”
Therefore, by way of this provision, any party, which works in contravention to the aforementioned principles, can be de-registered under this Act. The petitioner, while praying under this provision, has also alleged that both the respondents have fabricated documents to claim that they had merged in the year of 1995.
The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the concerned parties and listed the matter for September 12.