Delhi High Court seeks ECI's reply to plea against merger of IUML and Muslim League Kerala State Committee

The Delhi High Court on Wednesday issued notice to the Election Commission of India (ECI) and the Indian Union Muslim League (IUML) on a plea challenging the merger of IUML with the Muslim League Kerala State Committee (MLKSC)..Justice Sachin Datta ordered ECI and IUML to file their replies in four weeks and listed the case for further consideration on August 6..IUML and MLKSC merged in November 2011.The petition challenging the merger has been filed by one MG Dawood Miakhan, grandson of IUML founder Quaide Milleth M Mohammed Ismail.Miakhan argued that he had preferred a representation before the ECI but the same was dismissed by the Commission after concluding that he did not have locus standi.It has been argued that the merger of IUML with MLKSC is illegal as it reduced the national stature of IUML to that of a state political party.“The merger was orchestrated with mala fide reasons at the behest of one Mr KM Khader Mohideen and one Mr E Ahmed (since deceased) in order to avoid adverse actions from Respondent no.1 [ECI} questioning their dual memberships. It is pertinent to mention that Mr E Ahmed (since deceased) was a member of MLKSC and while holding such position, he was made the President of IUML, a distinct political party. Similarly, one Mr. Khader Mohideen was also made General Secretary of IUML while concurrently holding his position as MP from DMK Party,” the plea stated..It said that the ECI did take cognisance of the dual memberships and issued show cause notice on July 7, 2011 to Khader Mohideen and E Ahmed questioning their dual memberships to which Mohideen replied that there is no specific rule which prohibits a person from being a member of two political parties at a time and, therefore, there is no violation.“Thereafter, the ECI stood silent on this issue and did not further initiate any inquiry regarding holding of dual memberships. In the meanwhile, in order to avoid the unlawful and illegal act of claiming himself to be the President of IUML, a dubious false merger of MLKSC with that of IUML was given effect to by Mr. E Ahmed with aid of Mr. Khader Mohideen and the same was carried in connivance with non-members of IUML,” the plea said. .Meanwhile, the ECI told the Court that objections of the petitioner were decided in 2011, prior to the merger and petitioner has been expelled from IUML and restrained from holding out as a member of IUML by a Civil Court. It was also stated that the merger order was passed in 2012 and the petitioner has belatedly approached the court. .Senior Advocate Pramod Kumar Dubey along with advocates G Priyadarshini, Rahul Shyam Bhandari, Chaitanya Singh and Ayush Sachan appeared for the petitioner. Advocate Sidhant Kumar represented the Election Commission of India.