Case Note & Summary
The dispute arose from appeals concerning the Election Commission of India's authority to de-register political parties for calling hartals through coercion, which was deemed unconstitutional. The High Court of Kerala had issued directions following complaints that political parties continued to enforce hartals despite a Supreme Court ruling declaring bundhs unconstitutional. The writ petitioners argued that such actions violated constitutional provisions, prompting the High Court to direct the Election Commission to consider complaints against political parties. The Election Commission contended it lacked the power to de-register parties under Section 29A of the Representation of the People Act, 1951. The Supreme Court examined whether the Commission's functions were quasi-judicial or administrative. It concluded that while the Commission acts quasi-judicially when considering registration, it lacks express power to de-register parties unless specific exceptions apply, such as fraud or constitutional violations. The court upheld the High Court's directions, emphasizing the need for political parties to adhere to constitutional principles and allowing the Commission to act on complaints regarding violations (Paras 1-12).
Headnote
A) Constitutional Law - Election Commission Powers - De-registration of Political Parties - Representation of the People Act, 1951, Section 29A - The court held that the Election Commission does not have express power to de-register a political party for constitutional violations, but may act under Section 21 of the General Clauses Act upon receiving complaints. The High Court's directions for the Commission to consider such complaints were upheld, emphasizing the need for constitutional adherence by political parties (Paras 1-12).
Issue of Consideration
Whether the Election Commission of India has the power to de-register a political party under Section 29A of the Representation of the People Act, 1951 for calling a hartal by force, intimidation, or coercion.
Final Decision
The Supreme Court upheld the High Court's directions, clarifying that while the Election Commission does not have express power to de-register political parties under Section 29A, it may act on complaints regarding constitutional violations. The court emphasized the need for political parties to adhere to constitutional principles and allowed the Commission to consider such complaints.
Law Points
- Election Commission powers
- de-registration of political parties
- constitutional violations
- quasi-judicial functions
- Representation of the People Act
- 1951
