CHENNAI: The first bench of the Madras High Court has directed the Union Law Ministry to take an early decision with regard to delegation of power to the Election Commission of India to de-recognise a political party if it indulged in activities against the Constitution. The bench of Chief Justice Indira Banerjee and Justice M Sundar gave the direction while disposing of a PIL from PA Joseph of Arumbakkam on Monday.
After hearing the submissions of senior advocate KM Vijayan for petitioner and Niranjan Rajagopal of ECI, the bench said that unless such time the recommendations of ECI to delegate the power are accepted by the Centre, it is doubtful whether a political party once registered can be de-registered except in circumstances mentioned by the apex court in Indian National Congress case.
The bench expected that the Union Ministry of Law and Justice would take an early decision on the plea of the ECI. Petitioner had sent a representation in this regard to the ECI on May 30 last, which in its reply dated August 4 last stated that it did not have power to cancel or de-register, citing the judgment of the Supreme Court. Hence, the present PIL.