Division Bench of Delhi HC Dismisses Petition to Quash AIMIM's Registration as Political Party

The Division Bench, comprising Justice Vibhu Bakhru and Justice Tushar Rao Gedela, upheld the decision of the Single Judge, agreeing with the conclusion that the ECI had acted within its powers in granting recognition to AIMIM.

The appellant, who filed the petition, argued that AIMIM should be de-registered on the grounds that its constitution did not align with the provisions of Section 29A (5) of the Representation of People Act (RPA).

Specifically, the appellant claimed that AIMIM's objectives primarily served the interests of one religious community, which, in their view, violated the Act's requirements for political parties.

However, the Court noted that AIMIM had amended its constitution to comply with the provisions of Section 29A (5) of the RP Act. The judges pointed out that the primary challenge presented by the appellant, regarding the party's constitution, no longer held weight in light of this amendment.

The Bench stated, "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 de-register AIMIM as a political party on the ground that its constitution does not conform to Section 29A (5) of the RP Act."

Earlier, the single-judge bench had upheld the legality of the party's registration, dismissing the challenge against it. The Petitioner Tirupathi Narshima Murari argued that AIMIM does not meet the requirements set out under Section 29A of the Representation of the People Act, 1951.

The petitioner contended that AIMIM's constitution primarily seeks to advance the interests of a single religious community--Muslims--thereby violating the secular principles mandated by the Constitution and the Act, which require all political parties to adhere to the principles of secularism.

The single-judge bench observed that the purpose of defining "corrupt practices" is to address disputes during the election process, including election petitions and the disqualification of candidates under Section 8A of the Representation of the People Act.

It further clarified that the provisions of Section 123 of the Act are not relevant to the criteria for registering a political party, but are instead concerned with the outcome of specific elections and the disqualification of individuals from participating in the electoral process. (ANI)