The Delhi Excessive Court docket 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 basic rights of the members of AIMIM to represent themselves as a political social gathering”.
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 “meant to additional the trigger solely of 1 spiritual group (viz. Muslims), and thus militates towards the ideas of secularism, to which each and every political social gathering should adhere underneath 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 social gathering in Telangana in 2014.
Refusing to entertain Murari’s plea, the courtroom of Justice Prateek Jalan reiterated that the ECI just isn’t empowered to deregister a political social gathering and that the aid sought by Murari “lies past the jurisdiction of ECI”. “The petitioner’s arguments are thus tantamount to interference with the basic rights of the members of AIMIM to represent themselves as a political social gathering espousing their political opinions and values. Such a consequence can not frivolously be countenanced…,” the courtroom stated in its order.
The courtroom additionally held that the AIMIM fulfils the statutory situation underneath Part 29A of the Illustration of the Individuals Act which features a requirement that the constitutional paperwork of a political social gathering ought to declare that the social gathering bears true religion and allegiance to the Structure, and to the essential 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 help of its software for registration, stating that its structure had been amended by way of Part 29A(5) of the Act,” Justice Jalan recorded.
