Delhi HC tells ECI to promptly decide on plea to register K Kavitha’s political party 'Telangana Praja Jagruti'

The Delhi High Court has directed the Election Commission of India (ECI) to expeditiously decide on an application seeking the registration of a political party named ‘Telangana Praja Jagruti’, headed by former Member of Parliament and former Bharat Rashtra Samithi (BRS) leader K Kavitha [Kalvakuntla Kavitha vs ECI]..Justice Amit Bansal passed the order while dealing with a petition filed by K Kavitha complaining of delays by the ECI in deciding the party registration application. .Kavitha had moved the Court in her capacity as the President of the Telangana Praja Jagruti. “The ideological inspiration of TELANGANA PRAJA JAGRUTI (TPJ) emanates from the historic Telangana Statehood Movement, which culminated in the formation of the State of Telangana on 2nd June 2014,” the petition said, describing the origin of the proposed party name. Kavitha's plea added that the party was formed on January 19, when a general body meeting was called, the constitution of the party was adopted and its office bearers were authorized to apply for the party's registration.The party's representatives filed an application on January 23 before the ECI for the party's registration under the Representation of the People Act, 1951.Kavitha's plea added that this registration application was filed along with all required documents, the party’s constitution, notarized affidavits, a membership list of one hundred and fifty-one members, certified minutes of the general body meeting, alternative party names and with the prescribed fee.The ECI acknowledged the receipt of the application on January 27..However, Kavita told the Court that the ECI has since then not taken any steps towards processing the application. Such inaction on the ECI's part is arbitrary, prejudices Kavitha’s ability to participate in upcoming local body elections in Telangana, her plea stated. “The delay is arbitrary, unreasonable, and violative of Articles 14 and 19(1)(c) of the Constitution of India ... Despite lapse of reasonable time, (ECI) has not undertaken scrutiny, publication of public notice, or afforded an opportunity of hearing under Section 29A(7). The application remains pending without explanation, thereby, prejudicing the petitioner’s [Kavitha] ability to participate in impending local body elections,” it said..Therefore, Kavitha urged the Court to direct the ECI to process the party registration application without further delay.“The power to register political parties under Section 29A of the Representation of People’s Act is not merely administrative in character but has significant civil consequences, as registration confers statutory recognition, electoral privileges, and the ability to meaningfully participate in the democratic process. The inaction of Respondent No.1 defeats the very object of Section 29A and renders illusory the petitioner’s [Kavitha] statutory right to seek elections," her plea added. .The Court has now directed the ECI to expeditiously decide the matter, and closed Kavitha's plea with this directive..Advocate Rishi Kumar Singh Gautham appeared for K Kavitha. Advocate Sanjay Vashishth appeared for the ECI. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.