Supreme Court: While considering a petition under Article 32 of the Constitution seeking direction to the Election Commission of India to frame Rules for ‘Registration & Regulation of Political Parties’ to promote secularism transparency democracy & political justice; the Division Bench of Surya Kant and Joymalya Bagchi, JJ., issued notice in the matter.
The petitioner filed the present public interest litigation further seeking direction for the Centre to take steps to reduce the menace of Corruption, Casteism, Linguism, Regionalism, Communalism & Criminalization in politics.
The petitioner pointed out that on 13-7-2025 when Income Tax raids offices of 02 political parties and found the details of black money. Furthermore, on 12-8-2025, Income Tax authorities found another fake Political Party namely ‘National Sarva Samaj Party’, which was converting black money into white money by deducting 20% commission.
The petitioner highlighted that bogus political parties are not only posing a serious threat to our democracy but also maligning the country by appointing hard core criminals, kidnappers, drug smugglers, money launderers, rapists, contract killers and land mafias as National and State office bearer after taking huge money from them.
The petitioner pointed out political parties not only select the candidates for State Assembly, Parliament and Local Body Election but also decide the election results for the posts of President, Vice President. Given the expansive functions of a political party, the petitioner sought that there should be some Rules to regulate political parties in India.
The petitioner thus sought the following:
(a) direct the Election Commission to ensure that every political party publishes its Memorandum, Rules and Regulations on Home Page of its Official Website and place the Compliance Report before the Court;
(b) direct the Election Commission to ensure that every political party follows its Memorandum, Rules & Regulations in letter and spirit of the Section 29A of the RPA and place Compliance Report before the Court;
(c) direct the Election Commission to use its plenary power to issue appropriate Order(s) or Direction(s), to ensure compliance of Section 29B and Section 29C and place the Compliance Report before the Court;
(d) Pass such other order(s) or direction(s) as the Court may deem fit for compliance of Sections 29A, 29B, 29C of the RPA 1951 and to ensure free and fair election in spirit of the Articles 324, 325, 326 of the Constitution.
Hearing the matter, the Supreme Court on 12-9-2025 deemed it fit to issue notice.
[Ashwini Kumar Upadhyay v. Union of India, WP (C) 850/2025, order dated 3-11-2025]
Advocates who appeared in this case:
Ashwini Kumar Upadhyay, Adv; Ashwani Kumar Dubey, AOR; Nikhil Upadhyay