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Allahabad High Court on Thursday rejected a Public Interest Litigation(PIL) plea challenging the grant of 'National Party' status to Bhartiya Janta Party (BJP) and Indian National Congress by the Election Commission of India in 1989.

The petitioner, Sheshmani Nath Tripathi (a member of the Samajwadi Party) had also questioned the reservation of “Lotus” and “Hand” electoral symbols for both political parties stating that ECI lacks the authority to issue such an order under the Representation of the People Act (Act).

Holding the petition misconceived, the bench of Justices Devendra Kumar Upadhyay and Saroj Yadav observed,

"Submission of the petitioner that the impugned clause 3 of the aforementioned letters of registration are beyond statutory powers vested in the Election Commission under section 29A of the Act may or may not be correct, however, that in itself will not render these stipulations contained in paragraph 3 bad or without jurisdiction for the reason that the same are referable to Second Amendment Order, 1989. Submission of the petitioner that the impugned clause 3 of two letters of registration are without jurisdiction, is thus, highly misconceived." 

The bench also pointed out the non-impleadment of BJP or INC into the case. The bench noted, 

"The writ petition also, in our considered opinion, suffers from non-joinder of necessary parties. In this regard, it is noticeable that though it has been prayed in the writ petition that paragraph 3 of the letters of recognition dated 19th September, 1989 and 23rd September, 1989 may be quashed and struck down, however, the political parties, which are likely to be affected in case the prayer made in this petition is granted, have not been impleaded as respondents."

Interestingly, the Bench also took note of the possibility that in the garb of a PIL, the petitioner might have tried attempted to espouse the cause of the Samajwadi Party for being one of its primary members.

Therefore, in the detailed judgment, the bench rejected petitioner's contentions categorically and ruled that so far as recognition of political parties as a National Party or a State Party is concerned, the Allotment Order, 1968 contains provisions empowering the Election Commission to do so.

Two Election Commission orders, dated September 19 and 23, 1989, were challenged in the petition. As a result of these two orders, BJP and Indian National Congress were accorded the status of national parties, and their electoral symbols were reserved.

The petitioner had alleged that these letters were issued by ECI in exercise of its power vested in it under section 29A of the Act which clearly does not empower the Commission either to declare a political party as a National Party or to reserve its election symbol, therefore the said letters of registration were bad in law.

Case Title: - Sheshmani Nath Tripathi v. E.C.I.Thru. Chief Election Commissioner,New Delhi & Anr.