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During hearing on the issue of allowing D.D.M Kazhagam political party to get enroll the party with Election Commission of india and to consider the party as Domestic level party. The Madras High court stated during observation of the name and definition of political organization , the E.C must know the term “ Deiveega” in consideration of diffrent words in the political party’s name and it couldn’t have resulted in termination of application for enrolment of party as domestic national party.

The Justice Anita Sumanth stated that the term Deiveega also means  “divine”, and the reasons for rejection are not relevant and also for organization’s name. Due to which considering the provision of “He is known by his associates, a facet of the prince of the same race “In addition to this the court also stated that The usage of term “ Deiveega” is not related to any ethnicity feelings and philosophy. and national interest &love should be held first.

The petition was registered by the political organization as a retaliation to decline of request to consider the political organization as national party by election Commission of india. The plea also had the name doesn’t result in violation of any feelings of ethnicity so declin of request was non abiding by rules of common justice as a result the hearing was not permitted.

The High court considered the fact that although part 29A of Representation of Peoples Act 1951 doesn’t have any individual elements for a name. During 2005 the E.C had gave order that no political organization should not include any religious related terms in its organizations name .in 2014 and 2017 state’s chief of E.C were directed to follow the instructions.

The Madras High court considered that although decision of 2014 contains no decree , Art 324 of indian constitution states privileges  to the organization to deal with all issues in connection with management, coordination  and restrictions of electoral and also stated the precedent judgements of apex court which entitles to control all the parties and has the decree of law.

So, The Madras High court stated though the Election Commission of India has all the powers to regulate the issue with the terminologies used in political parties names. But in this issue there was no presence which suggests the name was related to any ethnicity.

Case Title: Desiya Deiveega Murpokku Kazhagam v Election Commission of India and another

Name :- Shivraj Kadlimatti , Class :- 2nd year B.B.A.L.L.B , College:- Army Law college pune intern under legal vidhiya


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