HC seeks EC response on plea to de-register Shiromani Akali Dal

The Delhi High Court today sought response of the Election Commission (EC) on a plea for de-registration of Sukhbir Singh Badal-led Shiromani Akali Dal (SAD) by two persons who alleged that the registration was obtained after giving a "false" undertaking that it was a "secular" outfit.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the apex poll panel, the SAD, the Shiromani Gurdwara Prabandhak Committee (SGPC) and others on the plea which sought de-registration of the party claiming that it "intentionally withheld" from the EC the real party 'Constitution/Rules and Regulations' of 1974 which limit "membership of the party to adult Singhs and Singhnis".

 

The court listed the matter for further hearing on September 12.

"SAD knowingly and willfully filed a false and fabricated document titled 'Rules and Regulations' with a rule allowing membership to all adults and an undertaking that it would be 'secular', along with its application for registration in 1989 in order to show that it was complying with the Section 29(A) of The RP Act, 1951," the plea filed by Balwant Singh Khera and Om Singh, who claimed to be social activists, said.

Section 29(A) of The Representation of the People Act, 1951 deals with the registration of a political party with the Election Commission.

The plea, filed through advocates Prashant Bhushan and Indira Unninayar, also alleged that the SAD has "amply demonstrated" that it had intentionally given the false undertaking to defraud the EC as it never intended to be 'secular' by its continued alignment with the Sikh religion.

The petition alleged that SAD, through effectuation of its real 'Constitution/Rules and Regulations' adopted in 1974, had contested Sikh Gurdwara elections and fielded candidates in the party name in order to retain control over the Gurdwaras and use religious symbolism to capture and consolidate the Sikh vote bank by its alignment with the Sikh religion.

Referring to various Supreme Court verdicts, the petition said that it was a settled law that a political party aligned to a specific religion must cease to exist forthwith.