ECI Can't Supervise Internal Elections Of Political Parties Under Section 29A Of Representation Of People Act: Delhi High Court

The Delhi High Court has ruled that the Election Commission of India (ECI) does not have supervisory jurisdiction regarding internal matters of elections of political parties under Section 29A of Representation of People Act, 1951. Section 29A deals with registration of associations and bodies as political parties with ECI. The provision states that any association or body of individuals calling itself a political party shall make an application to the Commission for its registration as a political party. Justice Jyoti Singh said that under the provision in question, the ECI is limited to considering applications for registration of any association or body of individual citizens as a political party and ensuring that any subsequent material changes are communicated for the sake of accurate records.“….but once a political party is registered, Section 29A does not confer upon the ECI any supervisory jurisdiction to review whether the party adheres to its constitution and/or to scrutinize the conformity of its internal elections with its constitutional provisions,” the Court said. It rejected a plea filed by Parvendra Pratap Singh as the National President of Bahujan Mukti Party. He sought a direction on ECI to issue a fresh notice to convene the meeting of party's National Working Committee and to elect the office bearer after serving proper notice to the members per the Guidelines mentioned in the Constitution of the party. The plea further prayed that ECI accepts the newly elected office bearer of the party elected in the National Working Committee in 2022 and to take the same on record.At the outset, Advocate Siddhant Kumar appearing for ECI took a preliminary objection to the maintainability of the plea on the ground that no direction can be given to the Commission to resolve inter se disputes within political parties. It was submitted that a mandamus cannot be issued to ECI to issue notice for convening a meeting of party's National Working Committee and to elect the office bearers.The Court dismissed the petition as being bereft of merit, with liberty to Singh to take recourse to civil remedies, if aggrieved and if so advised.“In the present case, Bahujan Mukti Party is a registered unrecognized political party and no direction can be issued to ECI to exercise supervisory jurisdiction with respect to its internal matters relating to election etc. much less a direction to convene the meeting of the National Working Committee, a direction sought by the Petitioner,” the Court said.Title: PRAVENDRA PRATAP SINGH NATIONAL PRESIDENT (BAHUJAN MUKTI PARTY) v. ELECTION COMMISSION OF INDIA THROUGH ITS PRINCIPAL SECRETARY & ANR.Citation: 2025 LiveLaw (Del) 143Click here to read order

ECI Can't Supervise Internal Elections Of Political Parties Under Section 29A Of Representation Of People Act: Delhi High Court

Nupur Thapliyal

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