Madras HC refuses stay on EC interim order de-recognizing parties

Chennai: Madras high court on Wednesday refused to pass an interim order against Election Commission of India (ECI) de-recognizing some political parties including Manithaneya Makkal Katchi (MMK), Tamizhaga Makkal Munnetra Kazhagam (TMMK) and Manithaneya Jananayaga Katchi.ECI had passed the order on the ground that the parties had not contested an election in the past six years. When MMK approached the court, the first bench of Chief Justice Manindra Mohan and Justice G Arul Murugan observed that granting any interim relief would amount to allowing the petitions themselves.
According to the petitioners, ECI passed similar orders against 476 parties, and the order was without jurisdiction, as the commission has no power to de-recognize a party once it is registered under Section 29A of the Representation of People Act (RPA). Representing MMK, senior advocate P Wilson submitted that ECI has no authority to review the registration already granted under Section 29A, except when it is obtained by fraud or when declared unlawful under the Unlawful Activities (Prevention) Act 1967, or any similar law, as decided by the Supreme Court in the Indian National Congress case in 2002.He argued that MMK was registered in 2009 and that the 2014 guidelines relied upon by the commission did not apply to the petitioner's party, as it is not required to contest elections continuously for six years. He further submitted that the secretary of ECI, who passed the order, is not the Election Commission as defined in RPA.The secretary cannot assume the powers of the commission. The order purportedly deprived the party of benefits under sections 29B and 29C of the RPA and, therefore, such orders cannot be passed mechanically, as they have civil consequences, he argued.