Supreme Court declines to entertain plea for de-registration of Asaduddin Owaisi-led AIMIM

The Supreme Court on Tuesday declined to entertain a petition seeking directions to the Election Commission of India (ECI) to de-register All India Majlis-e-Ittehadul Musalimeen (AIMIM), the political party led by Member of Parliament (MP) Asaduddin Owaisi.

The Bench of Justice Surya Kant and Justice Joymala Bagchi suggested the petitioner to file a petition on the larger issue of political parties invoking communal statements.

"We are not on communal parties etc. sometimes regional parties invoke regional sentiments.. so what should be done... There are parties who also invoke caste issues that Is equally dangerous. Without criticizing anyone, such issues can be raised," the Court remarked.

The petitioner then withdrew the plea with the liberty to raise "larger issues seeking reforms in the affairs political parties on different grounds".

The plea was filed by president of Shiv Sena’s Telangana wing, Tirupati Narashima Murari against an order of the Delhi High Court.

The High Court had dismissed the petition which challenged the registration of AIMIM as a political party by the ECI.

Murari had argued before the High Court that AIMIM does not fulfil the conditions laid down in Section 29A of the Representation of the People Act, 1951 as the constitution of AIMIM is intended to further the cause of only Muslims and thus militates against the principles of secularism.

However, a single-judge of the High Court in 2024 ruled that the relief sought by the petitioner lies beyond the jurisdiction of the ECI.

A Division Bench in January this year upheld the ruling, leading to the challenge before the apex court.

Appearing for Murari before the top court, advocate Vishnu Shankar Jain today argued that a political party cannot seek votes in the name of religion.

"It has been held that votes cannot be canvassed in names of religion. This is against the basic premise of secularism. This political party which may come in power cannot do this. This is in teeth of Bommai judgment. If today I go to ECI and say party will work for Upanishads and Vedas, it will not be allowed," he said.

Justice Kant pointed out that the Constitution has given some rights to minorities. The Court also observed that the AIMIM's Constitution states that it will work for rights guaranteed under the Constitution of India.

"If you read all OBCs including Muslims are a part. That is what the Constitution also envisages. There are certain rights guaranteed to minorities. So parties manifesto says they will work of rights granted under the Constitution. If ECI stops teaching Vedas puranas etc then approach court appropriate action will be taken. No problem in reading religious history etc," it said.

The Court added that the petitioner can approach it if he sees a political person invoking communal sentiments. At this, Jain referred to a judgment holding that a political party of candidate cannot ask votes in the name of religion. He further said that AIMIM's name itself was religion-based.

However, the Court said the judgment being referred to him only applies to cases where communal sentiments are being stoked.

"File some neutral petition which does not allege things against A, B, C, D," the Court remarked, leading to withdrawal of the plea.