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Synopsis

While dismissing a writ petition by the President of the Jai Lok Party, the Madya Pradesh High Court recently observed that the decision of the Government of Madhya Pradesh rejecting his application for allotment of a Government house on account that his political party was neither a State Level or National Level recognized political party, was correct. 

The bench of Justice Vivek Agarwal rejected the contention raised by the petitioner, Brijesh Gupta, president of Jai Lok Party, that his party was a duly registered political party and there is nothing called National Level recognized political party or the State Level recognized political party. 

It was Gupta's argument that by virtue of being President of his party, he wass entitled to allotment of Government accommodation.

However, the single judge bench highlighted that the State Government had rejected Gupta's request stating that an unrecognized political party has no locus to seek allotment of a house.

The bench referred to the definition of 'political party' as given under Paragraph 2(1) (h) of the ElectionSymbols (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."

He also highlighted Section 2 (1) (f) of the Representation of the People Act, 1951 defines that 'Political Party' to mean an association or a body of individual citizens of India registered with the Election Commission of India as a political party within Section 29-A of the Representation of People Act, 1951.

"Though petitioner has filed a covering memo on 25/10/2023 enclosing a resolution and constitution of Jailok 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 noted. 

Therefore, there being no material on record to show that Gupta's party was either a recognized State party or a recognized National party, the single judge bench held that the decision of the State Government was not faulty. 

"Thus, the petition being devoid of merit deserves to be dismissed and is hereby dismissed," conclusively ordered the court. 

Case Title: JAI LOK PARTY THROUGH ITS PRESIDENT BRIJESH GUPTA v. THE STATE OF MADHYA PRADESH AND OTHERS