Hari Rajmanikkam President Of Proposed Political Party Bharthiya Dravida Janatha Party v. Election Commission Of India Through Its Principal Secretary

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HARI RAJMANIKKAM PRESIDENT OF PROPOSED POLITICAL PARTY BHARTHIYA DRAVIDA JANATHA PARTY .....Petitioner Through:

Mr. Ali Md. Maaz, Advocate.

versus ELECTION COMMISSION OF INDIA THROUGH ITS PRINCIPAL SECRETARY .....Respondent Through:

Mr. Ankit Agarwal, Standing Counsel with Ms. Viyushti Rawat and Mr. Ashish Shukla, Advocates for Respondent/ECI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.02.2025 CM APPL. 10095/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of Constitution of India seeking the following reliefs:- "A) issue a writ of mandamus or any other appropriate writ, order or direction to respondent to kindly issue the notice to the petitioner for the Mandatory publication in the newspaper along with direction of removal of shortcomings in application, if any within 15 days from the order passed by this Hon'ble Court.

B) Directing to issue Letter highlighting any other deficiency in the Application in One go and accept the rectification for the same along with the Mandatory Paper Publication in the newspaper." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice.

5.

Mr. Ankit Agarwal, learned Standing Counsel accepts notice on behalf of Respondent.

6.

Mr. Ankit Agarwal appearing on advance copy of the writ petition hands over copy of a letter dated 18.02.2025 addressed to the President c/o 'Bharathiya Dravida Janatha Party' in response to its letter dated 17.09.2024 for registration of 'Bharathiya Dravida Janatha Party' as a political party under Section 29(A) of the Representation of People Act, 1951 intimating that the proposed name 'National Dravida Regional Party' has been approved for publishing a public notice in newspapers about registration of the party as a political party. By the same letter, ECI had intimated the steps required to be taken such as publishing a public notice, etc. and to furnish the requisite documents.

Learned counsel submits that the letter is explicit and self-speaking, however, till date Petitioner has not furnished the required documents and therefore, no further action was taken by ECI, for which Petitioner has to blame himself. Additionally, it is pointed out that Petitioner is required to furnish authenticated fresh application in the format prescribed in Annexure-I as also details of party constitution with the approved name, etc. in consonance with Commission's guidelines available on its website www.eci.gov.in.

7.

Learned counsel for the Petitioner submits that Petitioner will ensure compliance of all necessary formalities including furnishing of requisite documents to the ECI in terms of letter dated 18.02.2025 within 45 days commencing from 18.02.2025 and direction be issued to ECI to process the case of the Petitioner for grant of final approval of the proposed name. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Writ petition is accordingly disposed of permitting the Petitioner to furnish the requisite information/documents to ECI, as undertaken, within the stipulated time. On receipt of the documents/information, case of the Petitioner will be processed for approval as per the procedure laid down in the guidelines of the Commission including inviting objections from the existing parties, etc. In case the documents/information required are not furnished within the time frame aforementioned, ECI will be at liberty to close the case of the Petitioner, without any further communication. JYOTI SINGH, J FEBRUARY 19, 2025 B.S. Rohella The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.