/
ECI tells Delhi HC a sensitive objection still holds up Waris Punjab De registration
In an affidavit of 3 November, the Election Commission told the Delhi High Court that a sensitive input of 9 July and a pending inquiry by Punjab's chief electoral officer block a decision on Akali Dal (Waris Punjab De), which applied in January 2025. Next hearing: 11 January 2027.
R
4 min
The Election Commission of India has told the Delhi High Court that a "grave" and highly sensitive objection, and a background inquiry that has not yet reported, are why it has not decided whether to register Akali Dal (Waris Punjab De) as a political party. The statement is in an affidavit filed on 3 November 2026, which was reported on 10 November, in a petition by the party asking the Commission to decide its application within a fixed time. Punjab's assembly elections are due in February 2027. The case is before Justice Saurabh Banerjee and is listed again on 11 January 2027. The Commission's account is an allegation-based position in a court filing, and the party has not been shown to have broken any law.
What the Commission says
The Commission says it received a very sensitive input on 9 July 2026, which alleged that the outfit has separatist roots, was founded by people detained under the National Security Act, and raises concerns about its allegiance to the sovereignty, unity and integrity of India. It then directed Punjab's chief electoral officer to carry out a comprehensive background inquiry and send a detailed report. According to the affidavit, that report has not been received, and reminders have been sent.
The Commission's legal position is that registering a party under Section 29A of the Representation of the People Act, 1951, is not a perfunctory, ministerial formality, and that a court cannot compel it by a writ of mandamus. It argues that registering the party before the inquiry ends would frustrate the intent of sections 29A(5) and 29A(7) of the Act. It calls the petition devoid of merit, raising no substantial question of law, and asks that it be disposed of. If the chief electoral officer's report is positive, the Commission says, it will take further steps under Section 29A.
On the party's worry that it could lose a common symbol for the assembly election, the Commission calls the contention legally untenable. It says a registered unrecognised party can be allotted a common symbol only on the basis of lawful registration, and that an applicant has no existing or fundamental right to a symbol while registration is pending.
The party's timeline
The party's own account, as set out in the filings, goes back to the start of 2025.
| Date | Event |
|---|---|
| 22 January 2025 | Registration application received by the Commission |
| September 2025 | Commission issues a deficiency letter, giving 30 days to correct defects |
| January 2026 | Party submits corrected documents, which the Commission says added over four months |
| 27 April 2026 | Punjab's chief electoral officer gives a positive verification report |
| 30 May 2026 | Party files its petition in the Delhi High Court |
| 9 July 2026 | Commission receives the sensitive input and orders a background inquiry |
| 3 November 2026 | Commission files its detailed affidavit |
The party asks the court to direct the Commission to decide the January 2025 application within a fixed period, with an outer limit of one week. It argues that without registration it risks losing a common election symbol for the Punjab assembly polls.
Who is behind the party and what comes next
The outfit was founded by the late Deep Sandhu and later headed by Amritpal Singh, the jailed MP for Khadoor Sahib. His father, Sarabjit Singh Khalsa, the MP for Faridkot, announced the party's formation in January 2025 and proposed the name Akali Dal (Waris Punjab De). Amritpal Singh remains the party's head, and the reports do not set out the terms of his detention beyond calling him jailed.
The practical question is timing. With the election due in February 2027, an application pending since January 2025 and a hearing set for 11 January 2027, the party has little time to obtain registration and a symbol, and the Commission's answer depends on a report it says it is still waiting for. A positive report would allow the Commission to proceed under Section 29A. A negative one would let it refuse, and the party could then challenge the refusal. Until a decision is made, the party remains unregistered, and the court has not ruled on either side's argument.
Why registration matters in practice is partly about the symbol. A party that is registered but not recognised can be allotted a common election symbol for its candidates, subject to availability, while the Commission says an applicant has no right to one until registration is complete. Without a common symbol, candidates backed by an unregistered group would contest as independents with individually allotted symbols, which can differ from seat to seat and make a campaign harder to run. That is the practical worry in the party's petition, and it is the point on which the Commission says the argument is legally untenable. The court has not yet ruled on whether the Commission can be directed to decide within a set time, and the order, when it comes, will turn on the Commission's explanation that its own inquiry is incomplete.
Sources
About the Author
R
Reyaansh Agarawal
Staff Writer
Reyaansh Agarawal contributes to Wirony, covering stories that are carefully reviewed and approved by the editorial team before publication. Wirony is committed to maintaining tran…
R
4 min
What did you think?
