Can a registration application be completed while a serious objection is still under inquiry? In the Waris Punjab De Registration Plea, the Election Commission of India has told the Delhi High Court that it cannot, and that a background report from Punjab’s Chief Electoral Officer is still awaited.
New Delhi: Registration of Waris Punjab De as a political party cannot be completed until a comprehensive background inquiry into a “grave and serious” objection is finished, the Election Commission of India (ECI) has informed the Delhi High Court [Waris Punjab De v. Election Commission of India].
Justice Saurabh Banerjee heard the matter on November 4, 2026 and listed it for further consideration on January 11, 2027. The Court has not ruled on the petition or on the objection.
What the ECI says about the delay
The ECI has described the Section 29A process as not a “perfunctory ministerial formality” and has argued that it cannot be compelled by a writ of mandamus to bypass the ongoing inquiry. It denied any delay on its part, attributing the time taken to the organisation, which, it said, was given 30 days to cure the defects flagged on September 10, 2025 but filed rectified documents only on January 16, 2026.
The ECI also called the argument about losing a common symbol “legally untenable” and urged that the petition be disposed of. When the matter was heard on October 1, 2026, it had sought time to place the new development on record through an amended counter affidavit.
The timeline in the affidavits
In two affidavits, dated September 14, 2026 and November 3, 2026, the ECI set out how the application moved. It said the application was submitted on January 22, 2025 and acknowledged on February 6, 2025. A deficiency letter was issued on September 10, 2025, and the next day the ECI asked the Chief Electoral Officer (CEO), Punjab, to begin verification. After two reminders, the CEO submitted a positive verification report on April 27, 2026, which was under active consideration.
According to the ECI, on July 9, 2026, while the petition was pending, it received what it called a “very sensitive input” alleging that Waris Punjab De is “rooted in separatism”, was founded by individuals detained under the National Security Act, and “poses grave concerns regarding its allegiance to sovereignty and integrity of India”. These are allegations contained in the objection and have not been tested.
The objection was forwarded to the CEO, Punjab, on July 14, 2026, with instructions to conduct a comprehensive background inquiry. Its November 3 affidavit states that the report is still awaited despite reminders, and that if the report is positive, further steps will be taken under Section 29A of the Representation of the People Act, 1951.
Section 29A requires an association seeking registration to include in its memorandum or rules a provision that it will bear true faith and allegiance to the Constitution of India and to the principles of socialism, secularism and democracy, and will uphold the sovereignty and integrity of India.
Why the party came to Court
Waris Punjab De, founded in 2021 by actor-activist Deep Sidhu and now headed by Member of Parliament Amritpal Singh, who is in custody, approached the High Court seeking an expeditious decision on its application for registration as a political party. The organisation plans to contest the Punjab Assembly elections due in early 2027, and has raised the concern that delay could deprive it of a common election symbol. Its response to the objection and the inquiry will be considered when the matter is taken up next.
What rides on the next hearing
The case raises a question that matters to every new political outfit: how long the ECI can take, and how far it can inquire, before deciding a registration application under Section 29A. On one side is the applicant’s claim to a timely decision ahead of an election, with consequences for access to a common symbol. On the other is the ECI’s position that the statutory allegiance requirement calls for a genuine inquiry when a serious objection is received.
The High Court has not expressed any view on the merits of the objection or of the petition. With the Punjab Assembly elections due in early 2027, the outcome of the CEO’s inquiry and the hearing on January 11, 2027 will be closely watched by all sides.
Case Title: Waris Punjab De v. Election Commission of India
Bench: Justice Saurabh Banerjee, Delhi High Court
Date of Hearing: November 4, 2026 (next date January 11, 2027)
Appearances: Senior Advocate Meenakshi Arora with advocates Ashim Shridhar, Nanakey, Harjot Singh Mann, Vijay Singh and Gurpreet Singh Sandhu for Waris Punjab De; Standing Counsel Sanjay Vashishtha with advocates Siddhartha Goswami, Aditya Sachdeva and Richa Pandey for the ECI
