Shaik Mahboob Basha vs Election Commission of India

L. Narasimha Reddy, J.—The Petitioner formed a political entity, by name, ''YSR Association'' and got it registered on 18-09-2009 with the Registrar of Societies, Kadapa. According to him, on 05-11-2009 he has decided to make it a full-fledged political party. On that basis, he made an application on the same day to the Election Commission of India the 1st Respondent herein to register it u/s 29-A of the Representation of the People Act, 1951 (for short ''the Act''). The Under Secretary of the 1st Respondent, the 2nd Respondent herein, passed an order, dated 13-11-2009, rejecting the application on the ground that the application was made beyond 30 days, prescribed u/s 29 of the Act. The Petitioner made representations on 12-12-2009 and 18-12-2009 to the 2nd Respondent to review the decision, reiterating the contention that the Association/Party was formed only on 05-11-2009. Through order, dated 11-5-2010, the 2nd Respondent informed the Petitioner that the Association was formed on 18-09-2009 and since the application was filed beyond 30 days, the earlier decision would hold good. This writ petition is filed challenging the letter, dated 11-05-2010.

Sri V.R. Reddy Kovvuri, learned Counsel for the Petitioner submits that though the registration of the Association has taken place on 18-09-2009, the decision to make it a political party was taken by the Petitioner on 05-11-2009 and the application u/s 29-A of the Act was filed on the same day. He contends that what becomes registerable u/s 29-A is a political party and not an Association bereft of any political character.

Sri Section Niranjan Reddy, learned Counsel for the Respondents, on the other hand, submits that in clear terms Section 29-A refers to an Association and formation thereof, and such an eventuality in the case of the Petitioner has taken place only on 18-09-2009. He submits that admittedly, the application for registration was filed on 05-11-2009 i.e. beyond 30 days and that the impugned order does not warrant any interference.

The Act regulates not only the election process, but also the substantial extent of political activity. It provides for registration of political parties and indicates the broad guidelines. Any political activity has to be carried out accordingly. Section 29-A provides for registration of political parties. To the extent it is relevant for this case, the provision reads as under:

29-A. Registration with the Election Commission of associations and bodies as political parties:

(1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commissioner for its registration as a political party for the purposes of this Act.

(2) Every such application shall be made:

(a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1988 (1 of 1989), within sixty days next following such commencement;

(b) if the association or body is formed after such commencement, within thirty days next following the date of its formation.

A perusal of this makes it clear that before registration of an organization or group would be in the form of association or body and it is only on registration, that it would become a political party. Therefore, what is required to exist by the time the application is filed for registration is an Association. By its very nature, law recognizes only such associations, which are registered under relevant provisions of law. An Association can be said to have come into existence only when it is registered in accordance with the relevant provisions of law. It is not in dispute that the Petitioner got registered "YSR Association" on 18-09-2009 with the Registrar of Associations, Kadapa. In case, the Petitioner wanted to get that Association registered as a political party, he ought to have made an application within 30 days from the date of registration. He did not do so. It was only on 05-11-2009 that the application was filed.

The justification pleaded by the Petitioner for making an application at a belated stage is that he took a decision to make the association, a political party on 05-11-2009. The intention or decision of that nature does not become relevant in the context of Section 29-A. In unequivocal terms/ the provision refers to the formation of the association or body, which invariably, shall be the date of registration. Hence, no exception can be taken to the impugned order.

The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.