Election Commission can’t deregister a political party for non-compliance with conditions not provided in the Act

Kerala High Court Stays ECI Order Delisting Political Parties. Court Allows Petitioners to Contest Local Elections Amidst Controversy Over ECI's Powers to Deregister Parties

In a significant judgment, the Kerala High Court has stayed the Election Commission of India's (ECI) order delisting certain political parties from the register of Registered Unrecognised Political Parties (RUPPs). The High Court decision, delivered by Justice V.G. Arun, comes as a relief to the petitioners, allowing their candidates to participate in the ongoing local body elections with their previously allotted symbols.

The case involved the Kerala Congress (Skariah Thomas) and other petitioners who challenged the ECI's decision to remove them from the list of registered political parties due to their failure to contest elections for six consecutive years. The petitioners argued that neither Section 29A of the Representation of the People Act, 1951, nor any other statutory provision grants the ECI the authority to deregister a political party for such a reason. This stance was supported by the Supreme Court's precedent in Indian National Congress (I) v. Institute of Social Welfare, which affirmed that deregistration powers require explicit statutory provision.

The High Court highlighted the lack of an express provision in the Representation of the People Act empowering the ECI to cancel party registrations for non-compliance with contesting elections. The Court also noted procedural lapses in the ECI's order, such as the absence of a proper hearing and the fact that the order was issued by an authority other than the one that conducted the initial enquiry.

In its defense, the ECI claimed its plenary powers allowed it to deregister parties to ensure transparency and active political participation. However, the Court found these arguments insufficient, particularly without clear statutory backing. The Court also emphasized that the ECI's powers are not beyond judicial review and must adhere to principles of administrative fairness.

The interim order allows the petitioners to field candidates in the local elections, provided the symbols have not been reassigned. The case is set for further hearing on January 5, 2026, where the Court will continue to examine the broader implications of the ECI's powers under existing laws.

Statutory provision(s): Representation of the People Act, 1951 Section 29A, Election Symbols (Reservation and Allotment) Order, 1968

Kerala Congress (Skariah Thomas) v. Chief Electoral Officer and Secretary Election (General) Department, (Kerala) : Law Finder Doc Id # 2811276