4Th June, 2021 + WP(C) 4124/2020 & CM APPL. 14805/2020 ANNA
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 4th June, 2021 + W.P.(C) 4124/2020 & CM APPL. 14805/2020 ANNA YSR CONGRESS PARTY ..... Petitioner Through: Mr. P.B. Suresh, Advocate with Mr.Vipin Nair, Mr. Karthik Jayashankar and Mr. Arindam Ghosh, Advocates. versus THE ELECTION COMMISSION OF INDIA THROUGH ITS CHIEF ELECTION COMMISSIONER & ANR. ..... Respondents Through: Mr. Sidhant Kumar, Advocate with Manyaa Chandok, Advocate for R-1. Mr. Rajiv Nayar, Senior Advocate with Mr. Mahfooz A. Nazki, Mr. Gowtham Polanki, Mr. Amitabh Sinha & Mr.Shrey Sharma, Advocates for R-2. % CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner seeks a direction upon the Respondent No. 1-Election Commission of India [“ECI”] to withdraw the registration of Respondent No. 2 herein, viz. “Yuvajana Sramika Rythu Congress W.P.(C) 4124/2020 Page 1 of 18 Party”, as a political party, and also to withdraw its status as a recognised State party. Facts 2. The petitioner and Respondent No. 2 are both political parties, registered under Section 29A of the Representation of the People Act, 1951 [“the Act”]. The petitioner’s name is “Anna YSR Congress Party”. It contends that Respondent No. 2, registered as “Yuvajana Sramika Rythu Congress Party”, is using an abbreviated form of its registered name, viz. “YSR Congress Party”, which is deceptively similar to the petitioner’s name. According to the petitioner, such use by Respondent No. 2 is contrary to directions of the ECI, and Respondent No. 2 is consequently liable to withdrawal of its registration, and its status as a “recognised political party”.
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