A Division Bench of the Delhi High Court today directed the Election Commission of India to grant a fresh hearing on a petition that seeks de-registration of the political party CPI (M)..While setting aside an earlier order of the ECI of July 2015, Chief Justice G Rohini and Justice Jayant Nath also added that the body had failed to give any reasons while rejecting the petitioner’s, Jojo Jose, application. The ECI has been directed to hear Jose’s application and give a decision within 12 weeks..During the course of hearing, counsel appearing for the Commission argued that the onus of proving fraud committed by CPI (M) to secure its registration, was on the Petitioner and that the Election Commission did not have any role to play in this regard. “These issues have to be determined by a civil court”, added the lawyer..In his petition, Jose has stated that the party’s Constitution did not contain the provision of true allegiance to the Constitution as mandated by the law. The plea added that the party itself was formed for an unconstitutional purpose..The Delhi High Court is also hearing another petition on similar lines wherein the petition seeks the de-registration of the Shiromani Akali Dal. That case is listed for hearing on May 5.
A Division Bench of the Delhi High Court today directed the Election Commission of India to grant a fresh hearing on a petition that seeks de-registration of the political party CPI (M)..While setting aside an earlier order of the ECI of July 2015, Chief Justice G Rohini and Justice Jayant Nath also added that the body had failed to give any reasons while rejecting the petitioner’s, Jojo Jose, application. The ECI has been directed to hear Jose’s application and give a decision within 12 weeks..During the course of hearing, counsel appearing for the Commission argued that the onus of proving fraud committed by CPI (M) to secure its registration, was on the Petitioner and that the Election Commission did not have any role to play in this regard. “These issues have to be determined by a civil court”, added the lawyer..In his petition, Jose has stated that the party’s Constitution did not contain the provision of true allegiance to the Constitution as mandated by the law. The plea added that the party itself was formed for an unconstitutional purpose..The Delhi High Court is also hearing another petition on similar lines wherein the petition seeks the de-registration of the Shiromani Akali Dal. That case is listed for hearing on May 5.
