Sanatann Swaraj Party v. Election Commission of India

Delhi HC11 Feb 2026W.P.(C)/632/2026

Case brief

AI extract

What is this about?

Political party registration; delay in registration by Election Commission of India; affidavit resiling by members; direction for expeditious processing and verification; time schedule for registration steps; Sanatann Swaraj Party v. Election Commission of India; Delhi High Court; W.P.(C) 632/2026; Justice Amit Bansal; decided 11.02.2026; writ petition disposed of; no statute or precedent cited.

What did the court decide?

Direction to ECI to expeditiously process the petitioner party's application for approval of name/registration, conditional on the petitioner furnishing clarification; general directions to ECI to process party-registration applications and verification expeditiously and devise a time schedule, subject to parties clearing ECI's objections. ¶¶29

Sanatann Swaraj Party Vs Election Commission of India — Delhi HC (2026) — LawSathi Research

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 632/2026

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SANATANN SWARAJ PARTY .....Petitioner Through: Mr. Irshad Ahmad Khan, Mr. Anish Shreshtha and Mr. Brij Ballabh Tiwari, Advocates.

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versus

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ELECTION COMMISSION OF INDIA .....Respondent Through: Ms. Rohini Prasad, Ms. Anshika Ranjan & Ms. Samridhi Srivastava, Advocates.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R 11.02.2026

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The present writ petition has been filed seeking a direction to the respondent/Election Commission of India (‘ECI’) to approve the proposed name of the petitioner’s political party, i.e. ‘ Sanatann Swaraj Party ’ and direct the respondent/ECI to register the proposed political party.

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Counsel for the petitioner submits that there is an urgency in the matter as the petitioner party wishes to contest the upcoming elections in West Bengal.

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Counter-affidavit is stated to have been filed on behalf of the respondent/ECI. However, the same is not on record.

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3.1. A copy of the same has been handed over in the Court and the same is taken on record.

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In the counter-affidavit, it has been stated that the office verification

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Page 1 of 3

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W.P.(C) 632/2026

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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 13/02/2026 at 11:13:08

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report has been received by the respondent/ECI and hence, the same stands verified.

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After the filing of the aforesaid counter-affidavit, a communication dated 9^th February 2026 has been sent to the petitioner stating that out of 20 members who had filed the affidavit in support of the application filed by the petitioner and whose verification was carried out by the respondent/ECI on a random basis, four (4) of the said persons have denied submitting an affidavit or being a member of the said political party.

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In view thereof, the petitioner has been asked to furnish a clarification along with supporting documents. 7. Counsel appearing on behalf of the petitioner submits that the necessary clarification shall be provided immediately. He submits that the aforesaid statements were made by the said four (4) persons under a mistaken impression and he is ready to produce the said four (4) persons before the concerned officer of the respondent/ECI.

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In view thereof, subject to the petitioner providing the necessary clarification, the respondent/ECI is directed to expeditiously process the application filed by the petitioner party. 9. It is noted that there are a number of writ petitions being filed before this Court on account of delays in the registration of a political party. Quite often, the delay results in persons who have filed an affidavits in support of the application, resiling from the same at a later stage.

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Accordingly, a direction is issued to the respondent/ECI to process the said applications filed seeking approval of names/registration of the political parties and carry out the necessary verification process in an expeditious manner. The respondent/ECI should devise a time schedule in respect of

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Page 2 of 3

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W.P.(C) 632/2026

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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 13/02/2026 at 11:13:08

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various steps involved in the processing of the applications, including the verification process.

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Needless to state, the aforesaid directions would be subject to the political parties clearing the objections raised by the respondent/ECI, in an expeditious manner and complying with the requirements.

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In terms of the aforesaid the writ petition stands disposed of.

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AMIT BANSAL, J

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FEBRUARY 11, 2026 at

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Page 3 of 3

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W.P.(C) 632/2026

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Sanatann Swaraj Party v. Election Commission of India

Case brief

What is this about?

What did the court decide?

Sanatann Swaraj Party v. Election Commission of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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