Quasi-judicial registration orders cannot be cancelled without express statutory power; general rescission provisions do not apply.

The Election Commission has no general power under Section 29A of the Representation of the People Act to de-register or cancel a political party once registration is granted, because the provision authorises only registration and does not confer an express power of review. A complaint alleging breach of constitutional obligations or of the registration undertaking would require a fresh enquiry into disputed facts and cannot be used to imply an unprovided cancellation power. Section 21 of the General Clauses Act also does not assist, because it applies to executive or legislative orders, not to the Commission's quasi-judicial order under Section 29A. Limited exceptions remain for fraud, forgery, voluntary abandonment of the undertaking, or similar cases needing no enquiry.

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Issues: (i) Whether the Election Commission has power under Section 29A of the Representation of the People Act, 1951 to de-register or cancel the registration of a political party for alleged violation of the Constitution or of the undertaking given at the time of registration; (ii) Whether Section 21 of the General Clauses Act, 1897 can be invoked to support such de-registration or cancellation.

Issue (i): Whether the Election Commission has power under Section 29A of the Representation of the People Act, 1951 to de-register or cancel the registration of a political party for alleged violation of the Constitution or of the undertaking given at the time of registration.

Analysis: Section 29A provides only for registration of political parties and requires the Commission to consider the application, seek particulars, afford an opportunity of hearing, and then decide whether to register or not register. The provision, the relevant rules and the Symbols Order do not confer any express power to cancel or de-register a registered political party. The function under Section 29A is quasi-judicial because the Commission must act judicially, enquire into the matter, and decide after hearing the party. Once registration is granted, no express power of review exists. De-registration on the basis of a subsequent complaint alleging violation of constitutional obligations would require a fresh enquiry into disputed facts and would amount to exercising a review power not conferred by the statute. Only narrow exceptions were recognised, namely fraud or forgery in obtaining registration, a voluntary change by the party abrogating the statutory undertaking, or a like case where no enquiry is needed.

Conclusion: The Election Commission has no general power under Section 29A to de-register or cancel the registration of a political party on the ground of alleged constitutional violation or breach of undertaking.

Issue (ii): Whether Section 21 of the General Clauses Act, 1897 can be invoked to support such de-registration or cancellation.

Analysis: Section 21 applies to notifications, orders, rules and bye-laws of an executive or legislative character. The order made by the Election Commission under Section 29A is a quasi-judicial order, not an executive or legislative one. Since the statute does not confer a power of review, Section 21 cannot be used to create an implied power to rescind or cancel a quasi-judicial order. The absence of an express de-registration power in the statute therefore cannot be supplied by Section 21.

Conclusion: Section 21 of the General Clauses Act does not apply to confer a power of de-registration or cancellation on the Election Commission in respect of a quasi-judicial order under Section 29A.

Final Conclusion: The High Court's directions for Election Commission action on complaints seeking de-registration could not be sustained, while the limited exceptions of fraud, voluntary abandonment of the statutory undertaking, or similar cases where no enquiry is required remain unaffected.

Ratio Decidendi: Where a statute confers only a power of registration on a body required to act judicially, the resulting order is quasi-judicial and cannot be rescinded or reviewed in the absence of express statutory authority; a general enabling provision for rescission of executive or legislative orders does not extend to such quasi-judicial orders.

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