Case Note & Summary
The petitioner, Smt. Shaluka w/o Milind Gaikwad, President and Founder of Satya Shodhak Samaj Party, filed a writ petition before the Bombay High Court seeking directions to the Election Commission of India to consider and decide her representation dated 24.05.2010 regarding registration of her party as a political party under the Representation of People Act, 1951. The petitioner had made a representation to the Election Commission but no decision was taken. The court heard the matter and observed that the petitioner has an alternative remedy under Section 29A of the Representation of People Act, 1951, which provides a procedure for registration of political parties. The court held that the writ petition is not maintainable as the petitioner can directly approach the Election Commission under the said provision. The petition was dismissed with liberty to the petitioner to approach the appropriate forum for redressal of her grievance.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Representation of People Act, 1951, Section 29A - Petitioner sought direction to Election Commission to consider representation for registration of political party - Court held that writ petition is not maintainable as petitioner has efficacious alternative remedy under Section 29A of the Act to apply directly to the Election Commission - Petition dismissed with liberty to approach appropriate forum (Paras 1-2).
Issue of Consideration
Whether the High Court can direct the Election Commission to consider a representation for registration of a political party under the Representation of People Act, 1951, when the petitioner has an alternative remedy under Section 29A of the Act.
Final Decision
Writ petition dismissed with liberty to petitioner to approach appropriate forum for redressal of grievance
Law Points
- Registration of political parties
- Representation of People Act
- 1951
- Section 29A
- Alternative remedy
- Writ jurisdiction
- Election Commission of India
Case Details
2018 LawText (BOM) (04) 20
Writ Petition No.6604 of 2010
Mr.H.H.Padalkar for petitioner, Mr.Alok Sharma for respondent no.2
Smt. Shaluka w/o Milind Gaikwad
Union of India, Election Commission of India
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Nature of Litigation
Writ petition seeking direction to Election Commission to consider representation for registration of political party
Remedy Sought
Direction to respondent to consider and decide representation dated 24.05.2010 for registration of 'Satya Shodhak Samaj Party' as a political party and issue registration certificate under Representation of People Act, 1951
Filing Reason
Petitioner's representation for registration of political party was not decided by Election Commission
Issues
Whether the High Court can direct the Election Commission to consider a representation for registration of a political party when the petitioner has an alternative remedy under Section 29A of the Representation of People Act, 1951
Submissions/Arguments
Petitioner submitted that representation dated 24.05.2010 was made to Election Commission but not decided
Respondent argued that petitioner has alternative remedy under Section 29A of the Act
Ratio Decidendi
When an efficacious alternative remedy is available under the statute, the High Court should not entertain a writ petition. The petitioner can apply directly to the Election Commission under Section 29A of the Representation of People Act, 1951 for registration of a political party.
Judgment Excerpts
This Petition is filed seeking directions to the respondent to consider and decide the representation dated 24.05.2010 in respect of registration of 'Satya Shodhak Samaj Party' as a political party for nation and issue registration certificate in favour of the petitioner under the Representation of People's Act, 1951.
Procedural History
Petitioner filed writ petition in 2010 seeking direction to Election Commission to consider representation. Heard on 06.04.2018 and judgment pronounced on 11.04.2018.
Acts & Sections
- Representation of People Act, 1951: Section 29A
