The court upholds Election Commission's mandate for electoral participation within six years for registered political parties.
In a significant ruling, the Madras High Court has denied interim relief to several political parties seeking to overturn their de-registration by the Election Commission of India (ECI). The decision, delivered by a division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, underscores the necessity for political parties to participate in elections within a six-year period to retain their registered status.
The petitioners, including Tamizhaga Makkal Munnertra Kazhagam, challenged the ECI's orders, arguing that the de-registration was based on mechanical and stereotyped grounds, primarily their non-participation in elections over the last six years. They contended that while the Representation of The People Act, 1951, provides for the registration of political parties, it lacks a statutory provision for de-registration. Citing the Supreme Court's decision in Indian National Congress (I) v. Institute of Social Welfare, the petitioners argued that de-registration is permissible only under exceptional circumstances, such as fraud or forgery.
The ECI defended its decision, stating that the guidelines mandating electoral participation within six years are rooted in its constitutional powers under Article 324. The Commission argued that these guidelines, issued in 2014, fill a legislative vacuum and have the force of law, especially in the absence of express statutory provisions.
The court acknowledged the serious constitutional questions raised by the petitions, particularly regarding the ECI's authority to de-register parties. However, it found merit in the ECI's argument that its guidelines possess statutory force in scenarios not covered by existing laws. The court noted the petitioners' failure to contest elections within the stipulated period and emphasized that granting interim relief would effectively allow the writ petitions, thereby restoring their status as registered parties.
While rejecting the applications for interim relief, the court has set the petitions for a final hearing in March 2026, recognizing the constitutional significance of the issues involved.
Bottom Line:
Election Commission's power to de-register political parties under Article 324 of the Constitution of India and the validity of guidelines mandating electoral participation within a block of six years require detailed judicial examination.
Statutory provision(s): Article 324, Article 327, Section 29A of the Representation of The People Act, 1951, Section 21 of the General Clauses Act, 1897.
