Mr. Rajan Sabharwal, Advocate with Mr. Ajay Kumar Gupta, Advocate v. ELECTION COMMISSION OF INDIA .....

Delhi High Court · 21 Mar 2017 · 2017:DHC:1651
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 21.03.2017
2017:DHC:1651
administrative other

AI Summary

The Delhi High Court directed the Election Commission to consider the petitioner's representation and pass a reasoned order before finalizing its deletion from the list of registered unrecognised political parties.

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W.P.(C) 2599/2017
HIGH COURT OF DELHI
W.P.(C) 2599/2017 and CM APPL. 11237/2017
RASHTRIYA JANTA CONGRESS ..... Petitioner
Through: Mr. Rajan Sabharwal, Advocate with Mr. Ajay Kumar Gupta, Advocate
VERSUS
ELECTION COMMISSION OF INDIA ..... Respondent
Through: Mr. P.R. Chopra, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 21.03.2017
JUDGMENT

1. The present petition has been filed by the petitioner that describes itself as a registered political party, registered with the respondent/Election Commission of India on 21.12.1996, praying inter alia that the order dated 21.12.2016 issued by the respondent, intimating the Central Board of Direct Taxes (in short ‘CBDT’) that it has deleted 255 political parties including the petitioner from the list of registered unrecognised political parties, be set aside and quashed.

2. Mr. Sabharwal, learned counsel for the petitioner submits that the petitioner came to know about issuance of the letter dated 21.12.2016 by the respondent to the CBDT in January, 2017 when it received a notice dated 06.01.2017 from the Income Tax Department, calling upon it to furnish certain documents, affidavits, statement of accounts etc. Immediately thereafter, the petitioner approached the respondent vide letter dated 2017:DHC:1651 W.P.(C) 2599/2017 15/17.02.2017, stating inter alia that it proposes to contest the ensuing elections of the Delhi Municipal Corporation and that it has been delisted without even a notice to show cause being issued to it.

3. Mr. Chopra, learned counsel for the respondent, who appears on advance notice, submits that the Commission is considering the representation dated 15/17.02.2017 submitted by the petitioner and shall forward a reply within two weeks from today.

4. The present petition is accordingly disposed of alongwith the pending application with directions issued to the respondent to consider and dispose of the pending representation dated 15/17.02.2017 submitted by the petitioner by passing a speaking order, within two weeks from today, under written intimation to it.

5. In the event, the petitioner is aggrieved by the decision that may be taken by the respondent, it shall be entitled to seek legal recourse. HIMA KOHLI, J MARCH 21, 2017 rkb/ap