The Delhi High Court has dismissed a plea seeking the de-registration of the Asaduddin Owaisi-led All India Majlis-e-Ittehadul Musalimeen (AIMIM), reaffirming the party’s registration with the Election Commission of India. Justice Prateek Jalan ruled the petition lacked merit and highlighted that it encroached upon the fundamental rights of AIMIM members to advocate their political beliefs as a legitimate political party.
The plea, filed by Tirupati Narasimha Murari, initially contested AIMIM’s registration on the grounds that it purportedly aimed to advance the interests of only one religious community, thus violating the secular principles mandated for political parties by the Constitution and the Representation of the People Act. However, the court found that AIMIM had complied with Section 29A of the Representation of the People Act, which requires a political party’s constitution to uphold the principles of socialism, secularism, and democracy, along with allegiance to the Constitution.
Justice Jalan referenced a document submitted by AIMIM during its registration application in 1989, which affirmed amendments to its constitution in alignment with the required legislative conditions. The court’s judgment, spanning 17 pages, underscored that the Election Commission is generally not empowered to revoke the registration of a political party unless specific exceptions are identified by the Supreme Court.
Throughout the hearings, it was revealed that Murari had filed the petition in 2018 as a member of the then undivided Shiv Sena, and had since joined the Bharatiya Janata Party (BJP). The court noted that Murari’s arguments sought an extensive review of AIMIM’s objectives and principles, a process deemed beyond the jurisdiction of the Election Commission as per precedent set by the Supreme Court.
In dismissing the petition, the court also observed that the arguments presented posed an undue interference with the constitutional rights of AIMIM’s members. The judgment reiterated the legal protections afforded to political entities under Indian law, ensuring their freedom to organize and express their political agendas without unwarranted interference.
