Chief Justice of India (CJI) Surya Kant on Tuesday declined to grant an urgent hearing to a plea filed by the Cockroach Janata Party, a little-known political outfit, advising its counsel not to take the matter "so sentimentally". The bench, also comprising Justice Hima Kohli, was hearing a mention made by the party's lawyer seeking an early hearing of its petition challenging the Election Commission's decision to deregister the party.
Court's Response to Urgent Mention
When the lawyer pressed for an urgent hearing, citing the party's plight and the upcoming elections, CJI Surya Kant remarked, "Don't take it so sentimentally. We will hear it in due course." The court observed that the matter would be listed for hearing after the summer vacation, as per the roster.
Background of the Case
The Cockroach Janata Party had approached the Supreme Court after the Election Commission of India (ECI) deregistered it for allegedly violating norms related to party registration. The party, which claims to represent the interests of the marginalized, argued that the deregistration was arbitrary and without proper notice. It sought an interim order to allow it to contest the upcoming assembly elections in several states.
Legal Implications
Senior advocates appearing for the party contended that the ECI's action was politically motivated and violated the party's right to political participation under Article 19(1)(b) of the Constitution. They urged the court to consider the urgency as the election schedule was imminent. However, the CJI remained firm, stating that the court would take up the matter in its regular course.
Election Commission's Stand
The Election Commission, in its response, defended its decision, stating that the party had failed to comply with the mandatory requirements under the Representation of the People Act, 1951, including submitting annual returns and maintaining proper accounts. The ECI argued that deregistration was necessary to ensure transparency and accountability in the political system.
Future Hearing
The Supreme Court has not yet fixed a date for the hearing but indicated that the matter would be taken up after the summer break. The party's counsel expressed disappointment but said they would wait for the court's schedule. The case highlights the challenges faced by smaller political parties in navigating the regulatory framework.
This development comes amid a broader debate on the role of the judiciary in electoral matters and the need for timely justice. Legal experts have noted that while the court's refusal to grant an urgent hearing is within its discretion, it underscores the difficulties faced by litigants in accessing swift remedies.
