New Delhi (PTI): A tussle between two Samata Party leaders over the post of President has reached the Delhi High Court with one of them seeking a direction to the Election Commission to recognise him as the party's "acting president" and issue an election symbol.
Issuing notice over N K Singh's petition, Justice Gita Mittal has sought a response from the EC by April seven.
Singh has challenged the Commission's decision last December not to recognise him as the party's "acting president" and issue an election symbol. Claiming that the National Executive had elected Singh as the party head, the petitioner's counsel Prashant Bhushan said former President Brahmanand Mandal was no more the party chief.
Bhushan alleged that the EC has failed to appreciate that Singh was elected by the party's National Executive, which was legally constituted by Mandal in 2004, and termed the EC's rejection order as "arbitrary".
In two different orders, the Election Commission had refused to recognise Singh as the party's legally elected head and stated that it was a dispute between two groups (Singh and Mandal).
Till this dispute was settled amicably or before the court of law, it would not recognise anybody as the authorised office-bearer of the party, the EC said.
The counsel submitted that Mandal was elected as party's acting president in 2004 in an emergency session for six months but he continued in the post unconstitutionally for three and half years (till August 2007).
As per the party constitution, the National Executive removed Mandal and elected Singh as the "acting president" of the party, the petitioner claimed.
In view of the forthcoming assembly and general elections, the party is entitled to the symbol 'flaming torch' as its candidates would need it to reach out to voters, Singh added.
The Hindu; Sunday, March 9, 2008
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- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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