The Delhi High Court Bench consisting of Chief Justice G.Rohini and Justice Jayant Nath has the sought the response of Election Commission in a Public Interest Petition filed by an Advocate, who is also a BJP leader to de-register the Communist Party of India ( Marxist ), a National Political Party. The Court observed that, irrespective of the merits of the matter, the Election Commission is bound to pass a reasoned order while rejecting the demand of the petitioner.
It has been alleged by the petitioner that the incorporation of requirement of section 29-A(5) of the Representation of Peoples Act ,1951 which came into force on 15.6.1989, was not actually incorporated in the CPI(M) party Constitution by the Party Congress, the highest decision making authority of the party, as per the CPI(M) Constitution. According to the petitioner, the then party Secretary Sri EMS Namboothiripad inserted the statutory requirement in the party Constitution and filed the same with Election Commission without the concurrence of the Party Congress, which is convened only once in 3 years. Section 29-A (5) of the Representation of Peoples Act ,1951 requires that the application of registration as a political party 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
It has been further averred in the Writ Petition that Communist Party of India (Marxist) is formed, contrary to the principles of Constitution, Sovereignty, Integrity, Security and Democracy and the object clause of the party Constitution is against the spirit of the Constitution and it's Preamble. It was stated that the main objective of the CPI(M) is the " establishment of the state of dictatorship of the proletariat " and the same is against the Indian Constitution. The grievance of the petitioner is that the Election Commission, in a cryptic order, illegally rejected the representation made by him to cancel the registration of CPI(M).
The petition contends, “If the communism enshrined in their constitution is allowed to be established in the country, then the freedom of the people of India irrespective of their status as promised in the Constitution in Article 14, 15, 16, 19, 21, 25, 26, 29 and 30 will be sabotaged and rule of law will die. The three organs of the Government i.e. Legislature, Executive and Judiciary will lose its independence and importance and party committees will take control over these institutions that is the back bone of Indian democracy as preserved in the Indian Constitution.”
It is further averred that the principle of communism is against the provisions of the Constitution of India. In addition, the petition submits that the “revolution” that the party constitution talks about is a “declaration of war against the country”. The Court has not issued a formal notice to Communist Party of India ( Marxist), instead directed the Counsel for the Election Commission to take instructions on the issue of disposal of the representation made by the petitioner.