Rashtriya Janta Congress vs Election Commission Of India
2017 Latest Caselaw 1512 Del

$~33.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 2599/2017 and CM APPL. 11237/2017
      RASHTRIYA JANTA CONGRESS                      ..... Petitioner
                       Through: Mr. Rajan Sabharwal, Advocate with
                       Mr. Ajay Kumar Gupta, Advocate

                           versus

      ELECTION COMMISSION OF INDIA              ..... Respondent
                   Through: Mr. P.R. Chopra, Advocate
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 21.03.2017

1. The present petition has been filed by the petitioner that describes itself as a registered political party, registered with the respondent/Election Commission of India on 21.12.1996, praying inter alia that the order dated 21.12.2016 issued by the respondent, intimating the Central Board of Direct Taxes (in short 'CBDT') that it has deleted 255 political parties including the petitioner from the list of registered unrecognised political parties, be set aside and quashed.

2. Mr. Sabharwal, learned counsel for the petitioner submits that the petitioner came to know about issuance of the letter dated 21.12.2016 by the respondent to the CBDT in January, 2017 when it received a notice dated 06.01.2017 from the Income Tax Department, calling upon it to furnish certain documents, affidavits, statement of accounts etc. Immediately thereafter, the petitioner approached the respondent vide letter dated

15/17.02.2017, stating inter alia that it proposes to contest the ensuing elections of the Delhi Municipal Corporation and that it has been delisted without even a notice to show cause being issued to it.

3. Mr. Chopra, learned counsel for the respondent, who appears on advance notice, submits that the Commission is considering the representation dated 15/17.02.2017 submitted by the petitioner and shall forward a reply within two weeks from today.

4. The present petition is accordingly disposed of alongwith the pending application with directions issued to the respondent to consider and dispose of the pending representation dated 15/17.02.2017 submitted by the petitioner by passing a speaking order, within two weeks from today, under written intimation to it.

5. In the event, the petitioner is aggrieved by the decision that may be taken by the respondent, it shall be entitled to seek legal recourse.

HIMA KOHLI, J MARCH 21, 2017 rkb/ap