Delhi HC rejects plea seeking de-registration, de-recognition of AIMIM: ‘tantamount to interference with fundamental rights…’

The ECI had accepted the AIMIM’s petition for registration connected June 1, 1992, and it was recognised arsenic a authorities enactment successful Telangana successful 2014.

Refusing to entertain Murari’s plea, the tribunal of Justice Prateek Jalan reiterated that the ECI is not empowered to deregister a governmental enactment and that the alleviation sought by Murari “lies beyond the jurisdiction of ECI”. “The petitioner’s arguments are frankincense tantamount to interference with the cardinal rights of the members of AIMIM to represent themselves arsenic a governmental enactment espousing their governmental beliefs and values. Such a effect cannot lightly beryllium countenanced…,” the tribunal said successful its order.

The tribunal besides held that the AIMIM fulfils the statutory information nether Section 29A of the Representation of the People Act which includes a request that the law documents of a governmental enactment should state that the enactment bears existent religion and allegiance to the Constitution, and to the basal tenets of socialism, secularism, and democracy, which are embedded successful our law values.

“On the facts of the contiguous case, this request has been fulfilled by AIMIM. The petitioner (Murari) himself has annexed to the writ petition, a missive dated 09.08.1989, submitted by AIMIM successful enactment of its exertion for registration, stating that its constitution had been amended successful presumption of Section 29A(5) of the Act,” Justice Jalan recorded.