ECI got grave, sensitive objection on registration of Akali Dal (Waris Punjab De), Delhi HC told

Working President of Akali Dal (Waris Punjab De) Tarsem Singh, father of 'Waris Punjab De' Chief and independent MP Amritpal Singh, addresses a public rally ahead of the 2027 Punjab Assembly elections, in Patiala. File

The Election Commission of India (ECI) has told the Delhi High Court that it received a "grave and highly sensitive" inputs against the Akali Dal (Waris Punjab De) and that the outfit's registration as a political party may adversely affect the country's sovereignty and integrity.

The ECI said while the issue of registration of the Akali Dal (Waris Punjab De) was under consideration, the commission received a "sensitive" input in July that the outfit is rooted in "separatism", was founded by individuals detained under the National Security Act (NSA) and poses grave concerns regarding its allegiance to the sovereignty, unity, and integrity of India.

It said while the Chief Electoral Officer (CEO) of Punjab gave a positive verification report about the organisation on April 27, 2026, the objection about the outfit's "separatist roots" was received on July 9 2026, and the CEO was then instructed to conduct a "comprehensive background inquiry" and furnish a detailed report.

The report of the inquiry is yet to be received, the ECI said.

The submissions were made by the ECI in two separate affidavits filed before Justice Saurabh Banerjee who has now listed the matter for consideration on January 11, 2027.

The affidavits were filed by the ECI in response to a petition by Akali Dal (Waris Punjab De) seeking to direct the poll body to decide the January 22, 2025 application of the party in a time bound manner with an outer limit of one week.

The outfit has sought to approve the proposed name 'Akali Dal (Waris Punjab De)' and register it as a political party.

The Waris Punjab De was founded by late Deep Sandhu and later headed by jailed Khadoor Sahib MP Amritpal Singh. In January 2025, Singh's father and Faridkot MP Sarabjit Singh Khalsa announced the formation of a new political party, Akali Dal (Waris Punjab De).

Legislative Assembly elections are due in Punjab in February 2027.

The ECI, in its affidavits, said it received the petitioner's application for registration of the party on January 22, 2025 and after a detailed scrutiny, issued a deficiency letter in September last. It said while the petitioner was granted 30 days to cure the defects, it submitted the rectified documents in January this year, causing an inordinate delay of over four months.

The ECI said when the commission issued reminders to the CEO, Punjab to expedite the field verification reports, the CEO submitted a positive verification report in April which was under active consideration.

"The petitioner prematurely instituted the present writ petition on May 30, 2026. During the pendency of this matter, on July 9, 2026, the Commission received a very sensitive input alleging that the outfit 'Waris Punjab De' is rooted in separatism, was founded by individuals detained under the National Security Act (NSA), and poses grave concerns regarding its allegiance to the sovereignty, unity, and integrity of India," one of the affidavits said.

It said the commission cannot be compelled by a writ petition to bypass the inquiry.

"Registering an organisation without concluding inquiries into its commitment to the sovereignty and integrity of India would directly frustrate the legislative intent embodied in Section 29A(5) and Section 29A(7) of the RP Act," the ECI said.

It said the party's contention regarding potential deprivation of a common election symbol for the Punjab Legislative Assembly elections is legally untenable.

"Under the Election Symbols (Reservation and Allotment) Order, 1968, allotment of a common symbol to a registered unrecognised political party is strictly contingent upon the party having obtained lawful registration under Section 29A of the RP Act, 1951.

"An applicant body has no pre-existing or fundamental right to an election symbol while its application for registration is pending statutory examination," the poll body said.

It said the process under Section 29A is not a “perfunctory ministerial formality” and that it cannot be compelled by a writ of mandamus to bypass the inquiry being conducted.

The ECI termed the petition to be devoid of merit, raising no substantial question of law.

While the first affidavit was filed by the ECI on October 1, the amended/ detailed affidavit was filed on November 3, 2026 stated that the report of the “comprehensive background inquiry” from the Punjab CEO is still awaited and reminders have also been sent to the CEO.

It added that once the report is received, and if it is positive, then further steps will be taken as per Section 29A of the Representation of the People Act for registration. Therefore, the ECI said the petition filed by Waris Punjab De should be disposed of.

Punjab / Delhi / judiciary (system of justice) / Election Commission of India / election