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The Kerala High Court on Thursday, November 20, granted interim relief to political parties in the state that were under the Election Commission of India (ECI)’s register of Registered Unrecognised Political Parties (RUPPs). Justice VG Arun issued an interim stay and allowed the parties' candidates to contest in the ongoing local body elections with their allotted symbols.
Skariah Thomas, a leader of Kerala Congress, members of Socialist Republican Party and the Janadhipathya Samrakshana Samithi filed petitions challenging the order of ECI that delisted them. Earlier in September, the ECI had delisted these parties since they had not contested either in the Lok Sabha or the assembly elections for a consecutive period of six years.
According to the Live Law report, the petitioners argued that a political party’s failure to contest in the Lok Sabha or Assembly elections for a consecutive period of six years should not be a reason for deregistering it. They further contended that the Election Commission does not have the statutory authority, under Section 29A of the Representation of the People Act, 1951, to deregister a political party.
The political parties also argued that even though they have not contested in Parliament or Assembly elections for the last six years, the members of these political parties have contested in local body elections and that indicates they are active in Kerala. They also said that they were not allowed to be heard during the inquiry as it was conducted on a public holiday.
The court observed that the reliance on the Symbols Order by the ECI to justify the cancellation of registration is, at first glance, unsustainable. Additionally, the court has stayed the ECI's delisting order, allowing candidates from the petitioner parties to participate in the ongoing local elections using their respective symbols.