In a recent legal battle, the Madhya Pradesh High Court has affirmed the rejection of a political party's request for the allocation of a government house by the Home Department. The Court's ruling hinged on the party's failure to establish its recognition at the state or national level, as mandated by the law. This case underscores the importance of political parties being officially registered with the Election Commission of India to gain recognition.

The petitioner in this writ petition, known as the "Jailok Party," had sought to overturn an order issued by the Home Department of the Government of Madhya Pradesh. The order had denied their application for a government house, citing the party's lack of recognition at the state or national level, as required by the relevant regulations.

Presiding over the bench, Justice Vivek Agarwal stated, "The impugned order clearly states that the petitioner's party is not included in the list of National or State parties published by the Election Commission of India. Consequently, it is apparent that an unrecognized political party does not have the standing to request the allocation of a house, and, as a result, the application is dismissed."

The petitioner's legal representative argued that the party had been properly registered and contended that there was no official distinction between parties as either "National Level recognized" or "State Level recognized." The petitioner asserted their right to a government accommodation based on their position as the President of the Jailok Party.

The Court noted that this case was the second instance of litigation on the matter. In a previous case, the High Court had instructed the authorities to review the petitioner's request and provide clear reasons if the party was not eligible for a government residence under the 2000 Rules.

The Court cited legal definitions and provisions concerning political parties, emphasizing the necessity for a party to be officially registered with the Election Commission of India to attain recognition. The Court stated, "Although the petitioner submitted a covering memo on 25/10/2023, along with a resolution and constitution of the Jailok Party, they did not provide any document demonstrating that their party qualifies as a recognized political party in accordance with Section 2(1)(f) of the Representation of the People Act, or in accordance with the first proviso to Section 33(1) of the Representation of People Act, or as per paragraph 3 of the Election Symbols (Reservation and Allotment) Order 1968. Consequently, with no evidence on record to establish that the petitioner's party is recognized as either a state or national party, the impugned order, which determined house allotment in relation to the petitioner based on their lack of recognition as a state or national party, is considered justified."

The Court determined that the petitioner had not provided sufficient evidence to establish their party's recognition status in accordance with the relevant legal provisions. Therefore, the Court upheld the validity of the challenged order, as the petitioner's party did not meet the criteria necessary for recognition as defined by the law.

As a result, the Court dismissed the petition, deeming it lacking in merit. This ruling reaffirms the significance of adhering to legal requirements for political party recognition and their entitlement to government accommodations.

Case: Jai Lok Party v. The State of Madhya Pradesh & Ors. WRIT PETITION No. 25888 of 2023.