Ram Adheen Das (General Secretary Of Proposed Political Party Indian Inclusive Party) Iip v. Election Commission Of India

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th September, 2025 + W.P.(C) 14512/2025 RAM ADHEEN DAS (GENERAL SECRETARY OF PROPOSED POLITICAL PARTY INDIAN INCLUSIVE PARTY) IIP .....Petitioner Through:

Mr. Ali Md. Maaz, Advocate Mob: 9650196304 Email: maazjustice@gmail.com versus ELECTION COMMISSION OF INDIA .....Respondent Through:

Ms. Anjana Gosain, Ms. Akansha Choudhary, Ms. Shreya Manjari, Advocates Mob: 9810100674 Email:

anjanagosainchambers@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL):

1.

The present writ petition has been filed seeking directions to the respondent to exercise its extraordinary powers to waive the mandatory period of 30 days of public notice for inviting objections, as stipulated under the Representation of The People Act, 1951.

2.

There is further prayer that the said notice period be reduced to 15 days and the certificate of registration be issued within 7 days from the date of the application, to enable the petitioner to secure a common symbol, so that the party is able to contest the forthcoming elections. W.P.(C) 14512/2025 Page 1 of 5

3.

Learned counsel appearing for the petitioner submits that the petitioner had initially submitted an application on 19th March, 2025 for registration of the political party. Subsequently, on 24th June, 2025, the respondent rejected the proposed name on the ground of similarity with other registered or proposed political party. Thus, the petitioner complied with the said direction and submitted a list of alternative names for consideration. Therefore, on 21st August, 2025, the respondent approved the name "Indian Inclusive Party" and directed the petitioner to publish a public notice in two national and two local newspapers of the concerned State, inviting objections from the general public within 30 days. 4.

It is submitted that the petitioner has duly complied and published the required notice on 27th August, 2025, and also submitted the same before the respondent in the prescribed format. The said notification was uploaded on the official website of the Election Commission of India ("ECI") on 04th September, 2025.

5.

It is the submission on behalf of the petitioner that since the forthcoming Bihar Legislative Assembly Elections are around the corner, the petitioner had submitted a representation on 09th September, 2025 to the respondent, seeking reduction of the statutory 30 days period to 7 days, as has been done by the respondent on earlier occasions, as well. 6.

Attention of this Court has been drawn to the Press Note issued by the ECI, dated 15th March, 2019, which is reproduced as under: W.P.(C) 14512/2025 Page 2 of 5

7.

By referring to the aforesaid Press Note, it is submitted that on previous occasions as well, the notice period has been reduced by the respondent from 30 days to 7 days.

8.

Per contra, learned counsel appearing for the respondent-ECI submits that though the respondent-ECI gives relaxation with respect to the notice period, however, the said concession is only given in cases where the elections have already been announced.

9.

She submits that, in the present case, the election of the Bihar W.P.(C) 14512/2025 Page 3 of 5

Legislative Assembly has still not been announced. 10.

Learned counsel appearing for the respondent further submits that pursuant to the publication of the notice by the petitioner in the newspapers, the same has been uploaded on the website of ECI on 04th September, 2025. Further, the 30 days period shall get over on 25th September, 2025. 11.

She, thus, submits that the application of the petitioner shall be processed, subject to receipt of any objections in the meanwhile. 12.

Having heard learned counsels appearing for the parties, this Court takes note of the fact that, on previous occasions also, the ECI has been granting relaxation with respect to the 30 days' notice period, wherein, the said 30 days notice period for inviting objection from the public has been reduced to 7 days. However, this Court takes note of the submission of learned counsel appearing for the respondent-ECI that such concession is granted only in cases where the elections have already been announced. 13.

Upon pointed query by this Court, learned counsel appearing for the petitioner accepts the fact that elections to the Bihar Legislative Assembly have still not been announced.

14.

Accordingly, it is directed that, in case, the elections to Bihar Legislative Assembly are announced before 25th September, 2025, when 30 days' notice period gets over, the petitioner shall approach the respondentECI with a request to reduce the statutory 30 days' notice period to a period of 7 days.

15.

However, in case, at the time of announcement of the election to the Bihar Legislative Assembly, the 7 days notice period is already over, the ECI shall consider reducing the notice period to the date on which such representation is made by the petitioner.

W.P.(C) 14512/2025 Page 4 of 5

16.

Needless to state, in case, there is no objection to the public notice, the respondent-ECI shall proceed to process the application of the petitioner forthwith and allot the symbol accordingly.

17.

However, in case, any objection is received by the respondent-ECI to the notice uploaded on the website of the ECI, the same shall be considered and appropriate orders shall be passed, taking into account the said objections.

18.

With the aforesaid directions, the present writ petition is accordingly disposed of.

MINI PUSHKARNA, J SEPTEMBER 18, 2025/ak W.P.(C) 14512/2025 Page 5 of 5