NEW DELHI: The high court has dismissed an appeal challenging the recognition of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) as a political party, upholding its registration by the Election Commission (EC). The division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela reaffirmed that AIMIM met all requirements under Section 29A of the Representation of the People Act, 1951.
The appeal, filed by Tirupati Narashima Murari, contested a 2014 EC circular that granted AIMIM recognition as a state-level party in Telangana. Murari, a former Shiv Sena member, argued that AIMIM’s objectives were exclusive to one religious community and, therefore, violated the principles of secularism enshrined in the Constitution and the RP Act.
The Court concluded that AIMIM’s amended constitution complied with Section 29A(5) of the RP Act, which mandates that a political party’s constitutional documents declare allegiance to the principles of socialism, secularism, and democracy.
“We find no infirmity with the conclusion of the learned Single Judge that the requirements of Section 29A(5) of the Act are fully satisfied. Therefore, there is no ground to deregister AIMIM as a political party,” the Bench stated.
The Court also reiterated the single judge’s observation that the EC lacks the authority to deregister a party on grounds such as those presented in Murari’s plea, which sought to link AIMIM’s political agenda with alleged non-secular practices.
Murari’s counsel contended that AIMIM’s focus on a single community contradicted the principles of secularism, making its registration unconstitutional. However, the Bench noted that AIMIM had amended its constitution to reflect adherence to the foundational tenets of the Constitution.
The Bench dismissed the appeal, stating, “The ECI acted within its jurisdiction, and the legal requirements for registration were fulfilled.”