Sarvjan Hitay Sarvjan Sukhay Rashtrawadi Party (Proposed Political Party) through Its National Pre Vs Election Commission of India through Its Secretary

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 4458/2025 & CM APPL. 20608/2025

SARVJAN HITAY SARVJAN SUKHAY RASHTRAWADI PARTY (PROPOSED POLITICAL PARTY) THROUGH ITS NATIONAL PRESIDENT .....Petitioner

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Through: Mr. Singh Nishant Sanjay Kumar, Mr. Sanjeev Baghel, Advocate (M:8668364705)

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versus

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ELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY .....Respondent Through: Mr. Ankit Agarwal, SC-ECI with Mr. Ashish Shukla, Mr. Koustubh Desai, Advocates (M:9811197358)

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 07.04.2025

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The present writ petition has been filed for issuance of directions to respondent to register the political party in the proposed name of ‘Sarvjan Hitay Sarvjan Sukhay Rashtrawadi Party’ in the Election Commission of India, New Delhi, under Section 29A of the Representation of People Act, 1951.

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There is further prayer for quashing the letter dated 03^rd July, 2024, whereby, the respondent did not register the petitioner’s party, as political party.

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In response to the present petition, learned counsel for respondentElection Commission of India, on advance notice, has drawn the attention of this Court to the letter dated 12^th December, 2023, issued by the respondent to submit that the petitioner was directed to submit various documents and

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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 15/04/2025 at 16:00:32

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comply with other requisites, as detailed in the said letter. The letter dated 12^th December, 2023, is reproduced as under:

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This is a digitally signed order. 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 15/04/2025 at 16:00:32

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Attention of this Court is also drawn to the letter dated 14^th March, 2024, wherein, again certain directions were issued to the petitioner herein. The letter dated 14^th march, 2024, is reproduced as under:

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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 15/04/2025 at 16:00:32

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This Court records the submissions made by learned counsel for respondent, that despite various opportunities being granted by respondent to the petitioner, petitioner has not fulfilled the requisite formalities and has not submitted the various documents, as directed by the respondent.

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This Court further takes note of the submission of learned counsel for respondent, that in case the petitioner applies afresh along with the requisite documents, the case of the petitioner shall be considered for registration as a political party, if all the compliances, are made.

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At this stage, learned counsel for the petitioner submits that he shall withdraw the present writ petition, and approach the respondent- Election Commission of India again, with fresh application.

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Accordingly, it is directed that the petitioner shall file fresh application for registration of its party as political party with the respondentElection Commission of India.

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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 15/04/2025 at 16:00:32

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Upon receipt of the application of the petitioner, the respondent shall consider the application of the petitioner, as per its merits.

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In case any discrepancy is found in the application of the petitioner, the same shall be intimated to the petitioner, in accordance with law. 11. Upon the petitioner rectifying the discrepancies, as pointed out by the respondent, and upon fulfilling all requisite formalities, the respondent shall proceed to grant registration to the political party of the petitioner.

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The present writ petition, along with the pending application is disposed of, with the aforesaid directions.

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MINI PUSHKARNA, J

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APRIL 7, 2025/ au

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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 15/04/2025 at 16:00:32

Sarvjan Hitay Sarvjan Sukhay Rashtrawadi Party (Proposed Political Party) through Its National Pre v. Election Commission of India through Its Secretary

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Sarvjan Hitay Sarvjan Sukhay Rashtrawadi Party (Proposed Political Party) through Its National Pre v. Election Commission of India through Its Secretary

Case brief

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