[For Favour of Publication]

Summary

This English-language occasional paper, issued by the Swatantra Party (Maharashtra) in January 1995, combines a press note with a writ petition, affidavit materials, and a draft amendment. It reports the party’s challenge before the Bombay High Court to Section 29(A)(5) of the Representation of the People Act, 1951, which required political associations seeking registration to declare true faith and allegiance to the principles of socialism, secularism, democracy, and the sovereignty, unity, and integrity of India. The press note also records that the court did not grant interim relief directing the Election Commission to allot a common symbol, but ordered an expedited hearing in view of the forthcoming 1996 Lok Sabha elections.

Key points

• The petition challenges the requirement that registered political parties declare allegiance to the principle of socialism.
• The petitioners argue that Section 29(A)(5) is vague because neither the Constitution nor the statute defines socialism.
• The requirement is presented as discriminatory because independent candidates may contest elections without making the same declaration.
• The petition invokes equality, freedom of association, freedom of thought and expression, and constitutional remedies under Articles 14, 19, and 226.
• The petition distinguishes the party’s objection to compulsory allegiance from opposition to constitutional democracy, secularism, territorial integrity, or the Constitution itself.
• The filing argues that the socialism requirement interferes with the right of non-socialists to organise as a political party and seek constitutional change through elections.
• The petition asks the Bombay High Court to strike down the relevant statutory provision and direct registration of the Swatantra Party.
• The attached draft amendment seeks interim relief requiring a common election symbol for the party’s candidates in the 1995 Maharashtra Legislative Assembly elections.