Reported By: Salil Tiwari
Last Updated: November 11, 2023, 03:07 IST
The Madhya Pradesh HC highlighted that the state authorities had rejected Brijesh Gupta’s request stating that an unrecognised political get together had no locus to search the allotment of a home. (Representational picture/Shutterstock)
The bench of Justice Vivek Agarwal rejected the rivalry raised by the petitioner, Brijesh Gupta, president of Jai Lok Party, that his outfit was a duly registered political get together and there is nothing like a national-level or state-level recognised political get together
While dismissing a writ petition by the president of the Jai Lok Party, the Madhya Pradesh High Court not too long ago noticed that the choice of the state authorities to reject his utility for allotment of a government home on account that his outfit was neither a state-level nor national-level recognised political get together was right.
The bench of Justice Vivek Agarwal rejected the rivalry raised by the petitioner, Brijesh Gupta, president of Jai Lok Party, that his outfit was a duly registered political get together and there’s nothing like a national-level or state-level recognised political get together.
It was Gupta’s argument that by advantage of being the president of his get together, he was entitled to the allotment of authorities lodging.
However, the single-judge bench highlighted that the state authorities had rejected Gupta’s request stating that an unrecognised political get together had no locus to search the allotment of a home.
The bench referred to the definition of ‘political party’ as given beneath Paragraph 2(1) (h) of the Election Symbols (Reservation and Allotment) Order, 1968, stating, “Political party means an association or body of individual citizens of India registered with the Commission as a political party under paragraph 3.”
The choose additionally highlighted Section 2 (1) (f) of the Representation of the People Act, 1951, defining a ‘political party’ to imply an affiliation or a physique of particular person residents of India registered with the Election Commission of India as a political get together inside Section 29-A of the Representation of the People Act, 1951.
“Though petitioner has filed a covering memo on 25/10/2023 enclosing a resolution and constitution of Jai Lok Party but has not enclosed a copy of any document to show that petitioner’s party is a recognized political party within the meaning of Section 2(1)(f) of the Representation of the People Act or as per the first proviso to Section 33(1) of the Representation of People Act or in terms of paragraph 3 of the Election Symbols (Reservation and Allotment) Order 1968,” the bench famous.
Therefore, there being no materials on document to present that Gupta’s get together was both a recognised state get together or a nationwide get together, the HC held that the choice of the state authorities was not defective.
“Thus, the petition being devoid of merit deserves to be dismissed and is hereby dismissed,” conclusively ordered the court docket.
