SETHUNATH Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Petitioner filed Ext. P1 representation to the Chief Election Commissioner for cancelling the registration of the Communist Party of India (Marxist) as it is subverting the rule of law by resorting to party rule stifling administrative and constitutional machinery. During the argument, it is also stated that the Constitution of the Communist Party of India itself is against the Indian Constitution as it aims at proletarian interpretation and dictatorship of the proletariat. We are of the view that in the absence of fraud or forgery, the Election Commissioner has no power to deregister a political party. In paragraph 41 of the judgment in Indian National Congress (I) v. Institute of Social Welfare and Others, 2002 KHC 1701 : 2002 (5) SCC 685 : 2002 (2) KLT 548 : ILR 2002 (3) Ker. 465 : AIR 2002 SC 2158, exemptions are made out which is as follows:

(2.) We are of the view that the conditions mentioned in paragraph 41(3) for cancelling the registration are not made out by the petitioner. Hence this writ petition is dismissed.