The Delhi Excessive Courtroom on Wednesday dismissed a petition searching for the deregistration and derecognition of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) by the Election Fee of India (ECI), terming the plea as “tantamount to interference with the elemental rights of the members of AIMIM to represent themselves as a political occasion”.
The petition was filed by Tirupati Narasimha Murari, a member of the undivided Shiv Sena, in 2018. Murari had challenged the AIMIM’s recognition, contending that its structure was “supposed to additional the trigger solely of 1 non secular neighborhood (viz. Muslims), and thus militates in opposition to the rules of secularism, to which each and every political occasion should adhere beneath the scheme of the Structure and the Act [Representation of the People Act]”.
The ECI had accepted the AIMIM’s request for registration on June 1, 1992, and it was recognised as a state occasion in Telangana in 2014.
Refusing to entertain Murari’s plea, the court docket of Justice Prateek Jalan reiterated that the ECI will not be empowered to deregister a political occasion and that the aid sought by Murari “lies past the jurisdiction of ECI”. “The petitioner’s arguments are thus tantamount to interference with the elemental rights of the members of AIMIM to represent themselves as a political occasion espousing their political views and values. Such a consequence can not calmly be countenanced…,” the court docket stated in its order.
The court docket additionally held that the AIMIM fulfils the statutory situation beneath Part 29A of the Illustration of the Individuals Act which features a requirement that the constitutional paperwork of a political occasion ought to declare that the occasion bears true religion and allegiance to the Structure, and to the fundamental tenets of socialism, secularism, and democracy, that are embedded in our constitutional values.
“On the information of the current case, this requirement has been fulfilled by AIMIM. The petitioner (Murari) himself has annexed to the writ petition, a letter dated 09.08.1989, submitted by AIMIM in assist of its software for registration, stating that its structure had been amended by way of Part 29A(5) of the Act,” Justice Jalan recorded.
