The Delhi High Court yesterday issued notice to the Election Commission of India, Shiromani Akali Dal (SAD), and others in a plea seeking to set aside SAD’s registration as a political party..The petition filed by President of the Socialist Party (India) Balwant Singh Khera and Om Singh Satiana alleges that SAD had fraudulently stated that it was a secular party in order to get registered with the Election Commission..According to Section 29A (5) of the Representation of People’s Act,.“The application (for registration) under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.”.The petition filed through Advocates Prashant Bhushan and Indira Unninayar alleges that SAD fabricated documents to feign compliance of the required provisions. It is stated that,.“SAD calculatingly and intentionally withheld from EC, its real party ‘Constitution/ Rules and Regulations’ of 1974 which limits membership of the party to adult singhs and singhnis (baptized male and female Sikhs) and has several other ‘non-secular’ provisions although it continued to use it for the purpose of contesting Sikh Gurdwara elections and fielding candidates in the Party’s name to SGPC and DSGMC which are Sikh religious bodies.”.Further, the petition also claims that the party fabricated documents to claim that another political party, the SAD (Badal), had merged into it in 1995 and thereafter, it “uses both parties to participate in Gurdwara elections in order to control and consolidate the Sikh electorate by exploiting religious sentiments”..The petition prayed for setting aside the registration of Shiromani Akali Dal as a political party. It also sought an interim stay on SAD’s participation in any election held in the country..The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the concerned parties and listed the matter for September 12..Read Petition:
The Delhi High Court yesterday issued notice to the Election Commission of India, Shiromani Akali Dal (SAD), and others in a plea seeking to set aside SAD’s registration as a political party..The petition filed by President of the Socialist Party (India) Balwant Singh Khera and Om Singh Satiana alleges that SAD had fraudulently stated that it was a secular party in order to get registered with the Election Commission..According to Section 29A (5) of the Representation of People’s Act,.“The application (for registration) under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.”.The petition filed through Advocates Prashant Bhushan and Indira Unninayar alleges that SAD fabricated documents to feign compliance of the required provisions. It is stated that,.“SAD calculatingly and intentionally withheld from EC, its real party ‘Constitution/ Rules and Regulations’ of 1974 which limits membership of the party to adult singhs and singhnis (baptized male and female Sikhs) and has several other ‘non-secular’ provisions although it continued to use it for the purpose of contesting Sikh Gurdwara elections and fielding candidates in the Party’s name to SGPC and DSGMC which are Sikh religious bodies.”.Further, the petition also claims that the party fabricated documents to claim that another political party, the SAD (Badal), had merged into it in 1995 and thereafter, it “uses both parties to participate in Gurdwara elections in order to control and consolidate the Sikh electorate by exploiting religious sentiments”..The petition prayed for setting aside the registration of Shiromani Akali Dal as a political party. It also sought an interim stay on SAD’s participation in any election held in the country..The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the concerned parties and listed the matter for September 12..Read Petition: