In a significant judgement, the Supreme Court today partly upheld the
Kerala High Court order banning strikes forced by political parties
or any other organisation but set aside its direction to the Election
Commission to initiate action for deregistering such parties.

A Bench comprising Justice V N Khare and Justice Ashok Bhan said
there was no express provision in the Representation of People's Act
(RPA) conferring power on the Election Commission for deregistration
of a party once it was registered, except if such registration is
based on forgery and fraud.

By: A Chalomumbai Correspondent

May 10,2002

"There being no express provision in the Act or in the Symbol Order
to cancel the registration of a political party, and as such no
proceedings for deregistration can be taken by the Election
Commission for violating the terms of Section 29A(5) of the Act," the
Court ruled.

The Section provides for a political party to give an undertaking to
the Commission at the time of registration that it would abide by the
Constitution and the principles of secularism, socialism and
democracy and uphold sovereignty, unity and integrity of the country.

Once a political party was registered, the Commission has no power to
review the registration order as such power has not been conferred on
it under the Act, the court said. The power to review the
registration was available to the Commission only when the party had
obtained it with fraud or forgery or where it amended its
nomenclature of association, the Court ruled.