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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 20/2026 and CM APPL.783/2026

RATHINA SABAPATHI, PRESIDENT, PARTY FOR THE RIGHT

OF OTHER BACKWARD CLASSES .....Petitioner

Through: Mr. Raghaev.R., Adv.

versus

ELECTION COMMISSION OF INDIA REPRESENTED BY THE

MS SHUBHRA SAXENA, DIRECTOR .....Respondent

Through: Mr. Sidhant Kumar, Ms. Shagun

Chopra, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 13.01.2026

1. Learned counsel for the respondent/ Election Commission of India (ECI) submits that vide communication dated 09.01.2026 the petitioner has been apprised of certain discrepancies in respect of 5 members of the proposed political party, as mentioned in the verification report furnished by the O/o the Chief Electoral Officer, Tamil Nadu vide their letter dated 25.11.2025 and 07.01.2026. The communication dated 09.01.2026 reads as

under:-

2. During the course of hearing, it is agreed as follows:-

i. The petitioner would respond to the aforesaid communication dated 09.01.2026 within a period of three days from today. It is submitted by the petitioner that the so-called discrepancies have no bearing inasmuch as the petitioner has submitted 114 affidavits in support of its application as opposed to the requirement of submission of only 100 affidavits. It is, therefore, submitted that even assuming, there are discrepancies in the affidavit of 5 members of the proposed party, the same would have no bearing on the outcome of the petitioner’s application. This aspect can be duly brought out in the communication to be addressed by the petitioner to the ECI.

ii. Upon receipt of the aforesaid response of the petitioner, immediate steps shall be taken by the ECI to process the petitioner’s application and to facilitate publication in newspapers inviting objections, in terms of the relevant provisions. After expiry of the stipulated period of 30 days following such publication, immediate steps shall be taken by the ECI to further process the petitioner’s application for registration of the proposed political party.

iii. The ECI is directed to act with expedition and dispatch at every stage of the aforesaid process.

3. The petition is disposed of in the above terms.

4. It is clarified that in the event of any infraction of the aforesaid timeline it shall be open to the petitioner to revive the present petition or file afresh.

SACHIN DATTA, J JANUARY 13, 2026/uk