Ram Adheen Das v. Election Commission of India

1. The present writ petition has been filed seeking directions to the respondent to exercise its extraordinary powers to waive the mandatory period of 30 days of public notice for inviting objections, as stipulated under the Representation of The People Act, 1951.

2. There is further prayer that the said notice period be reduced to 15 days and the certificate of registration be issued within 7 days from the date of the application, to enable the petitioner to secure a common symbol, so that the party is able to contest the forthcoming elections.

3. Learned counsel appearing for the petitioner submits that the petitioner had initially submitted an application on 19th March, 2025 for registration of the political party. Subsequently, on 24th June, 2025, the respondent rejected the proposed name on the ground of similarity with other registered or proposed political party. Thus, the petitioner complied with the said direction and submitted a list of alternative names for consideration. Therefore, on 21st August, 2025, the respondent approved the name “Indian Inclusive Party” and directed the petitioner to publish a public notice in two national and two local newspapers of the concerned State, inviting objections from the general public within 30 days.

4. It is submitted that the petitioner has duly complied and published the required notice on 27th August, 2025, and also submitted the same before the respondent in the prescribed format. The said notification was uploaded on the official website of the Election Commission of India (“ECI”) on 04th September, 2025.

5. It is the submission on behalf of the petitioner that since the forthcoming Bihar Legislative Assembly Elections are around the corner, the petitioner had submitted a representation on 09th September, 2025 to the respondent, seeking reduction of the statutory 30 days period to 7 days, as has been done by the respondent on earlier occasions, as well.

6. Attention of this Court has been drawn to the Press Note issued by the ECI, dated 15th March, 2019, which is reproduced as under:

7. By referring to the aforesaid Press Note, it is submitted that on previous occasions as well, the notice period has been reduced by the respondent from 30 days to 7 days.

8. Per contra, learned counsel appearing for the respondent-ECI submits that though the respondent-ECI gives relaxation with respect to the notice period, however, the said concession is only given in cases where the elections have already been announced.

9. She submits that, in the present case, the election of the Bihar Legislative Assembly has still not been announced.

10. Learned counsel appearing for the respondent further submits that pursuant to the publication of the notice by the petitioner in the newspapers, the same has been uploaded on the website of ECI on 04th Further, the 30 days period shall get over on 25th

11. She, thus, submits that the application of the petitioner shall be processed, subject to receipt of any objections in the meanwhile.

12. Having heard learned counsels appearing for the parties, this Court takes note of the fact that, on previous occasions also, the ECI has been granting relaxation with respect to the 30 days’ notice period, wherein, the said 30 days notice period for inviting objection from the public has been reduced to 7 days. However, this Court takes note of the submission of learned counsel appearing for the respondent-ECI that such concession is granted only in cases where the elections have already been announced.

13. Upon pointed query by this Court, learned counsel appearing for the petitioner accepts the fact that elections to the Bihar Legislative Assembly have still not been announced.

14. Accordingly, it is directed that, in case, the elections to Bihar Legislative Assembly are announced before 25th September, 2025, when 30 days’ notice period gets over, the petitioner shall approach the respondent- ECI with a request to reduce the statutory 30 days’ notice period to a period of 7 days.

15. However, in case, at the time of announcement of the election to the Bihar Legislative Assembly, the 7 days notice period is already over, the ECI shall consider reducing the notice period to the date on which such representation is made by the petitioner.