The Kerala High Court granted interim relief to four regional political parties on November 21, 2024, by staying the Election Commission's decision to delist them. The EC had removed these parties from the list of registered unrecognised political parties in orders dated August 9 and September 19, 2024, citing non-participation in Lok Sabha or Assembly elections for six years. The parties affected include two factions of Janadhipathya Samrakshana Samithi, Kerala Congress (Skaria Thomas), and Socialist Republican Party. They challenged the delisting, arguing they have been active in local body elections. The High Court observed that Section 29A of the Representation of the People Act does not provide for cancellation of registration. The stay allows these parties to contest the upcoming local body polls. The matter is scheduled for further hearing on January 5, 2026.
Court's Reasoning and Legal Questions Raised
The Kerala High Court noted that Section 29A of the Representation of the People Act only empowers the Election Commission to register or refuse registration of a party, not cancel it. The court found the EC's claim of having cancellation powers under the Election Symbols (Reservation and Allotment) Order, 1968, to be unsustainable. The parties argued they were delisted without being heard and that the order came from the EC itself rather than the Kerala Chief Electoral Officer who conducted the inquiry. The court will examine on January 5, 2026, whether the EC's powers are boundless and beyond judicial review, addressing a fundamental constitutional question.
Parties Affected and Their Political Background
The four parties include two factions of Janadhipathya Samrakshana Samithi, founded by K R Gouriyamma in 1994 after her exit from CPI(M). One faction led by ex-MLA A N Rajan Babu aligns with the Congress-led United Democratic Front, while the other is led by Dr P C Beenakumari. Kerala Congress (Skaria Thomas) was formed in 2015 and is allied with the ruling Left Democratic Front. The Socialist Republican Party, established in 1974, contested the Ernakulam Lok Sabha seat in 2014. All four parties argued they have been actively participating in local body elections, including in December 2020, despite not contesting state or national polls.
Source: Link