Delhi High Court Seeks ECI's Response On Plea Against Merger Of Muslim League Kerala State Committee With Indian Union Muslim League

The Delhi High Court on Wednesday issued notice on a plea seeking direction on the Election Commission of India (ECI) to take action to de-recognise the merger of MLKSC (Muslim League Kerala State Committee) with IUML(Indian Union Muslim League).

Justice Sachin Datta sought a response from the ECI and IUML on the petition moved by MG Dawood Miakhan who has been an active member of IUML and served as its State Secretary.

Senior Advocate Pramod Kumar Dubey, along with Advocates G Priyadharshni and Rahul Shyam Bhandari appeared for Miakhan. Advocate Siddhant Kumar represented ECI.

The plea challenged an order passed by the ECI on April 20 rejecting Miakhan's representation. He has alleged that the impugned order was passed without rendering any observation on the merits of the representation and the issues involved in the merger of IUML with MLKSC.

Furthermore, the plea also challenges the merger which has been approved or ratified by the order passed on March 03, 2012, by ECI.

It is Miakhan's case that no personal hearing was given to him by the ECI in his representation and that no examination or analysis of issues regarding the alleged illegal merger was done.

“The Respondent No.1 being a constitutional and quasi-judicial body cannot behave like a private entity and rather endeavour to analyse this significant issue moresoever when it is no longer sub-judice before this Hon'ble Court and therefore the ECI had very much reason to reconsider the order of merger dated 03.03.2012,” the plea states.

It adds: “That it was very much known and clear to Respondent no.1 that this Hon'ble Court vide order dated 27.09.2021 passed in W.P(C) No.1624/2012, has not given any finding on the merits and thus all the issues were kept open for reconsideration. Thus, a simpliciter rejection of representation dated 29.01.2024 was uncalled for when the issue is significant and no longer sub-judice.”

The petition further contends that the resolution seeking the merger of IUML with MLKSC was illegally approved by ECI in 2012 without hearing any National Executives, State Units and General Members of IUML.

“Thus, the action of Respondent no.1 is illegal, arbitrary and unsustainable in the eyes of law,” the plea states.

Title: M.G. DAWOOD MIAKHAN v. ELECTION COMMISSION OF INDIA & ANR