Delhi HC issues notice to EC over PIL seeking direction to formulate norms of democracy within political parties
Oct 28, 2021
New Delhi [India], October 28 : The Delhi High Court on Thursday issued notice to the Election Commission of India on a PIL seeking direction to formulate norms of democracy within the political parties.
The petition alleged that various provisions related to the organisational elections are not being followed by the political parties.
The bench of Justice DN Patel and Justice Jyoti Singh sought the response of ECI and fixed the matter for December 23, 2021.
The petition seeking direction to the Respondent Election Commission of India, directing them to formulate and notify a Model Procedure for Elections with respect to intra-party elections.
The petition was filed by C Rajshekaran stated that there is a demonstrably feudal and oligarchic nature of functioning of most political parties in India. This leads to ineffective democratic processes within the said political parties.
The Petitioner was represented by Advocate Abhimanyu Tiwari, while Advocate Suruchi Singh repeated the Election Commission of India in the matter.
The same petitioner has approached the Delhi High Court in January this year and the same bench had asked the ECI to decide the representation of the petitioner.
It was alleged that there is a lack of adequate regulatory oversight of said internal elections in political parties by the Respondent-Election Commission.
The Petition sought a direction to the Election commission to frame a Model Election Procedure for political parties, and further direct all political parties registered with it to mandatorily integrate the said model election procedure in their respective Constitutions.
The Petition further asked for issuance of directions by the Election Commission, mandating external monitors to observe and ensure transparent and fair internal elections to political parties.
It is submitted by the petitioner, that it is a settled position of law that democracy is a crucial aspect of the basic structure of the constitution. Further, the said concept of democracy has evolved to include evolved standards of transparency and accountability, which is evidenced by the right to information being recognised as a crucial right in an electoral democracy, the subsequent passage of the Right to Information Act, and the various judgments of the Supreme Court calling for greater accountability and transparency in the electoral system, including with respect to election financing, information on political candidates and adherence etc.
