S.S. Shinde, J.

1. Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

2. This Petition is filed seeking directions to the respondent to consider and decide the representation dated 24.05.2010 in respect of registration of ‘Satya Shodhak Samaj Party’ as a political party for nation and issue registration certificate in favour of the petitioner under the Representation of People’s Act, 1951. It is further prayed to quash and set aside the letter dated 5th March, 2010, issued by under Secretariat of the Election Commission of India i.e. respondent no.2.

3. It is the case of the petitioner that on 23rd December, 2004, the petitioner and other members of the party formed a political party in the name of ‘Satya Shodhak Samaj Party’ [for short ‘said party’]. Thereafter, proposal in respect of registration of the said party as political party was submitted before the Election Commission, Mumbai. On 8th August, 2005, the Maharashtra State Election Commission has given recognition to the party of the petitioner as a political party. However, said recognition is to the extent of State of Maharashtra. Thereafter on 03.11.2008, the member of the said party has decided to expand the said party in the entire nation as a political party. Thereafter on 25.11.2008 the petitioner submitted proposal for registration of the said party as a political party to expand its activities through out the nation, under the Representation of People’s Act, 1951, to respondent no.2. On 17.02.2009, 20.08.2009 and 23.09.2009 the Commission i.e. respondent no.2 has raised certain objections. Thereafter, the petitioner has removed all the objection within time.

4. It is further the case of the petitioner that, on 23.09.2009, respondent no.2 issued a letter to the petitioner and raised objection that, the petitioner had submitted application on 25.11.2008 in the same name under Section 29A of the Representation of People’s Act, 1951, wherein the date of formation of party has been mentioned as 03.11.2008. Clarification is sought how the same Association has been shown to have been formed on two different dates. Thereafter, by letter dated 09.10.2009, the petitioner has replied that the establishment of the said party took place on 23.12.2004. It is further stated in the said letter that neither the said party is established on 30.06.2005 nor on 03.11.2008, but it is established on 23.12.2004. Considering the above clarification given by the petitioner, respondent no.2, by letter dated 05.05.2010, informed the petitioner that, the said party was formed on 23.12.2004, and application was made on 25.11.2008 for registration of the said party. The said application was received by the Commission on 25.11.2008. It is further stated in the said letter that the said application should have been made within 30 days from the date of formation of party as required under Section 29A [2] [b] of the Representation of People’s Act, 1951, and therefore, the application in respect of registration of the said party has been rejected in view of the above said provision.

5. It is further the case of the petitioner that, thereafter the petitioner has filed fresh representation clarifying that the said party was formed as a political party on 23.12.2004 confined to the extent of jurisdiction State of Maharashtra. On 03.11.2008, the said party decided to register and seek recognition at national level, and therefore on 25.11.2008 the proposal was submitted for expanding the jurisdiction of the said party through out the Nation. According to the petitioner, its decision of formation of political party is 03.11.2008, and as per Section 29A [2] [b] of the Representation of People’s Act, 1951, the said proposal is submitted on 25.11.2008 i.e. within thirty days from the date of formation of the said party, respondent no.2 ought to have acceded to the request of the petitioner to register said party at national level.

6. Learned counsel appeari