Radhey Shyam Mishra vs Election Commission of India and Others

Rule made returnable forthwith.

The respondents are represented by their counsel.

The petitioner claims to be President of one Krantikari Janvadi Party, having its central office in district Gonda. He wants registration of the party with the Election Commission of India under the provisions of the Representation of the People Act, 1951. It is the case of the petitioner that this party was formed on 18.11.2001.

Under Section 29A(2)(b) of this fact, it is provided that if such an association or body of individual citizens of India wants registration to call it a political party, it has to make an application within 30 days, next following the date of its formation.

In the instant case, it appears that application was not so moved. The application appears to have been made on 28.12.2005. Thus, the application was made beyond this period of 30 days. The petitioner applied for condonation of delay, assuming that there is any such provision, which is not there. This application came to be rejected by the communication dated 14.2.2006 from the first respondent, Election Commission of India and it is this communication, which is challenged in the present petition.

Learned counsel for the Election Commission submits that in view of this provision under Section 29A(2)(b), the application is supposed to be made within thirty days from the date of formation of such a political party. Since the same was not so made, the application was rejected. There is no other submission from the Election Commisison, beyond what is provided in the section.

When we look to the Section and Part IVA of the Representation of People Act, 1951, all that is provided is that after registration of an association as a political party, it gets certain right to accept contributions under Section 29B and then it is required to declare the donations received under Section 29C. There is no penal consequence as such for not registering a political party.

This being the position, the only way Section 29A(2)(b) can be read is that it is a provision, which is directory provision and not a mandatory one. It is undoubtedly desirable that a political party applies within thirty days from its formation. However, the section does not say that rejection of the application should necessarily follow, if application is moved beyond 30 days.

In the facts and circumstances of the case, therefore, we direct the Election Commission to reconsider the application, which the petitioner has made and to take appropriate decision thereon.

Rule made absolute with no order as to costs.

The petition stands disposed of finally.