Hear afresh plea to cancel registration of CPI(M): HC to ECI

Delhi High Court today directed the Election Commission of India (ECI) to hear afresh an application seeking de-recognition/de-registration of the Communist Party of India (Marxist).
A bench of Chief Justice G Rohini and Justice Jayant Nath set aside the ECI's July 2015 decision rejecting the application for cancelling the political party's registration, saying no reasons were given while passing that order.
The bench, after setting aside the earlier decision of the Commission, asked it to "hear the application afresh and to pass an appropriate reasoned order within 12 weeks from today".
With the above direction, the court disposed of the petition filed by Jojo Jose, who claims to be a social worker, alleging that "CPI(M) secured its registration by misrepresentation, fraud and forgery".

During the brief hearing today, the lawyer for ECI said the commission cannot go into the issues of fraud and forgery which allegedly took place 20 years ago.
The lawyer said the petitioner would have to prove that fraud or forgery was allegedly committed by the party.

The petitioner had contended in his petition that ECI rejected the application filed before it, without considering the contentions raised in it.
The application before the poll panel had claimed that the party constitution of CPI(M) does not contain the provision of true allegiance to the Constitution as mandated by the law.
The petitioner had also alleged that the main object of the CPI(M) was unconstitutional and it was formed for an unlawful purpose.