Suresh K v. Election Commission of India & Anr.

Delhi HC7 Aug 2025W.P.(C)/11868/2025

Case brief

AI extract

What is this about?

Party registration under Section 29A Representation of Peoples Act 1951; Election Commission of India; Janata Dal; Suresh K; delay in deciding registration application; time-bound direction to ECI preferably two months; ECI notice 20.02.2025; ECI letter 28.07.2025; check list no. 29/30; income tax returns; Kerala local body elections November 2025; symbol allotment; writ petition disposed.

What did the court decide?

Direction to respondent-ECI to consider and decide the petitioner's application for registration of the political party under Section 29A of the RP Act within a time bound manner, preferably within two months, subject to the petitioner complying with all ECI directions regarding deficiencies or discrepancies; writ petition and pending applications disposed of. ¶¶24

Suresh K Vs Election Commission of India & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent-ECI should be directed to consider and decide the petitioner's application for registration of the political party 'Janata Dal' under Section 29A of the RP Act within a time bound manner, the application having remained undecided since 27 August 2024.

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Court's answer

Subject to the petitioner complying with all directions of the ECI with regard to any deficiency or discrepancy in the application, the respondent-ECI shall consider and decide the petitioner's application within a time bound manner, preferably within a period of two months.

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Key takeaways

A copy of the guidelines issued by the ECI was handed over to the petitioner's counsel, and the petitioner is expected to check all such guidelines and make compliances thereto.obiter¶¶24

Detailed headnote1 paragraphs

Delhi High Court (Mini Pushkarna, J.) disposed of W.P.(C) 11868/2025 filed by Suresh K, president of the unregistered political party 'Janata Dal', whose application for registration under Section 29A of the Representation of Peoples Act, 1951, submitted to the Election Commission of India on 27.08.2024, remained undecided despite an ECI notice dated 20.02.2025 and a further letter dated 28.07.2025 flagging documentary deficiencies (check list no. 29/30; income tax returns for last three years). The Court directed that, subject to the petitioner complying with all ECI directions regarding any deficiency or discrepancy, the ECI shall consider and decide the application within a time bound manner, preferably within two months; the petitioner was expected to check and comply with the ECI guidelines handed over to his counsel. Petition and pending applications disposed of.

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$~67

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 11868/2025 & CM APPL. 48459/2025, CM APPL. 48460/2025

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SURESH K .....Petitioner

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Through: Mr. Rishi K.S. Gautam, Adv. (M:9711007941)

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versus

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ELECTION COMMISSION OF INDIA & ANR. .....Respondents Through: Miss Suruchi Suri, standing counsel for R-ECI with Mr. Parveen Suri Adv. (Through VC) Mob: 9810255518 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 07.08.2025

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The present writ petition has been filed by the petitioner, the president of a political party ‘Janata Dal’, seeking urgent intervention of this Court against the conduct of the Election Commission of India (“ECI”) in not deciding the petitioner’s application for registration of the party under Section 29A of the Representation of Peoples Act, 1951 (“RP Act”).

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It is submitted that the petitioner’s party was duly constituted on 31^st July, 2024, and the application for registration was formally submitted to the respondent no.1 on 27^th August, 2024, along with all the necessary documents. It is submitted that the petitioner furnished all rectified and updated documents, including, revised affidavits, constitution of political party, General Body meeting resolutions, membership list and alternative

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:51:59

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proposed names for the party, vide covering letter dated 27^th June, 2025. However, despite the petitioner having complied with all the procedure and documentary requirement under Section 29A of the RP Act, the respondent no. 1 has failed to take any decision on the petitioner’s application for the registration of the political party.

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It is submitted that more than eleven months have passed since the petitioner submitted the application for the registration of the political party. It is further submitted that this unwarranted and prolonged delay has severely impaired the organizational stability of petitioner’s party. Learned counsel for the petitioner submits that local body elections in the State of Kerala are scheduled to be held in November, 2025 and the general elections through Kerala Legislative Assembly are anticipated in or before May, 2026.

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Thus, it is submitted that in the absence of timely registration, the petitioner’s political party shall stand effectively precluded from participating in the democratic process. It is submitted that non-registration would render the party ineligible to be allotted a symbol, to nominate candidates and its banner, or to engage in officially sanctioned electoral activity. Thus, present writ petition has been filed.

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In response to the present writ petition, learned counsel for respondent no. 1, i.e., ECI, submits that pursuant to the application of the petitioner, a notice had been issued to the petitioner on 20^th February, 2025, pointing out certain procedural and documentary deficiency in the application and requesting compliance and rectification. It is submitted that the petitioner responded to the said letter of the respondent-ECI with a delay of four months only on 27^th June, 2025.

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Learned counsel for the respondent no. 1 further submits that the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:51:59

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detailed scrutiny of the application of the petitioner has been done and it has been observed that the petitioner has still not furnished the documents pertaining to check list no. 29/30, in respect of its vice president and general secretary and deposit of income tax returns filed for last three years of certified details of monthly income, along with the source of income. It is submitted that the same had been informed to the petitioner by way of a letter dated 28^th July, 2025.

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It is submitted that the respondent-ECI has processed and considered the application of the petitioner expeditiously. She further submits that subject to the petitioner complying with all the directions of the ECI, the application of the petitioner shall be decided finally accordingly.

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Considering the submissions made before this Court, it is directed that subject to the petitioner complying with all the directions of the ECI with regard to any deficiency or discrepancy, as may be pointed out with regard to the application of the petitioner, the respondent-ECI shall consider and decide the application of the petitioner, within a time bound manner, preferably, within a period of two months, from today.

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This Court notes that a copy of the guidelines issued by the ECI have been duly handed over to learned counsel appearing for the petitioner. Accordingly, it is expected that the petitioner shall check all the guidelines issued by the ECI in that regard and make compliances thereto. 10. With the aforesaid directions, the present writ petition, along with the pending applications, is disposed of.

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MINI PUSHKARNA, J

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AUGUST 7, 2025/ SR

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:51:59

Suresh K v. Election Commission of India & Anr.

Case brief

What is this about?

What did the court decide?

Suresh K v. Election Commission of India & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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