New Delhi: The Delhi High Court has upheld a decision against a plea seeking deregistration of the Asaduddin Owaisi-led AIMIM by the Election Commission of India.
In a judgement passed on January 16, a bench of former acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela agreed with the decision of the single judge. The division bench therefore dismissed an appeal by one Tirupati Narasimha Murari.
"The single judge had accordingly held that ECI does not have the powers to deregister AIMIM on the grounds as set out by the appellant in the said petition. We concur with the said view. In view of the above, the appeal is unmerited," it held.
Challenging the registration of All India Majlis-e-Ittehadul Musalimeen (AIMIM) and saying as a political party, its constitution intended to further the cause only of one religious community -- Muslims, the plea alleged it was against the principles of secularism which every political party must adhere to under the Constitution and the Representation of the People (RP) Act.
The bench however said AIMIM had amended its constitution to conform to the legal provisions and therefore the appellant's principal contention did not survive. "We find no infirmity with the conclusion of the 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," it said.
The single judge on November 20 said the petition was without merits and the arguments amounted to interference with the fundamental rights of the members of AIMIM to constitute themselves as a political party espousing their political beliefs and values.
