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Bombay High Court

Bharatiya Popular Party BPPversusElection Commission of India

Decided
Disposal
Disposed Off

Holding

The Court disposed of the contempt petition, finding no contempt as the EC’s verification exercise was within its statutory powers.

Summary

The Bharatiya Popular Party (BPP) filed a contempt petition challenging the Election Commission of India's (EC) verification exercise for party registration. The EC had begun mandatory scrutiny, demanding affidavits from 100 party members, a procedure upheld by the Delhi High Court in Writ Petition (C) No.1361 of 2026. The EC argued that the verification was nearly complete and a decision on registration would be made within 15 days. The petitioner indicated satisfaction with the process. The Bombay High Court, noting the EC’s compliance with statutory requirements and the Delhi High Court’s precedent, disposed of the contempt petition without further order.

Issues considered

  • Whether the Election Commission of India is authorized to demand affidavits from 100 members of a political party for verification under the applicable statute.
  • Whether the verification exercise conducted by the EC constitutes contempt of court.
  • Whether the contempt petition filed by the Bharatiya Popular Party should be entertained.

Subjects

  • Election Law
  • Political Party Registration
  • Verification Exercise
  • Affidavits
  • Contempt of Court
  • Statutory Compliance

Judgment

        Digitally
        signed by
        GAURI AMIT
GAURI   GAEKWAD
AMIT    Date:
                                                                            47.CP-140-2026.odt
GAEKWAD 2026.03.06
        11:13:42
        +0530
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION
                                 CONTEMPT PETITION NO.140 OF 2026
                                               IN
                                  WRIT PETITION NO.16022 OF 2025
                 Bharatiya Popular Party (BPP)           ….Petitioner
                           Versus
                 Election Commission of India            ….Respondent
                                                 ----
                 Ms. Rohini A.K. a/w. Mr. Sohail Ali for the Petitioner.
                 Ms. Naira Jejeebhoy a/w. Mr. Arun Panickar, Mr. Tanmay Pawar,
                 Mr. Ravindra Jadhav and Mr. Aayush Yadav for the Respondent.
                                                 ----
                                           CORAM : RAVINDRA V. GHUGE
                                                                    &
                                                       ABHAY J. MANTRI, JJ.

                                              DATE      : 4th MARCH, 2026

                 P.C. :-

                 1.              The learned Advocate for the Election Commission of

                 India submits that, pursuant to the order of this Court dated

                 23rd December, 2025, the Commission has commenced the

                 verification exercise. The scrutiny, as provided under the statute, is

                 mandatory.



                 2.              Recently, a challenge to such scrutiny was negated by

                 the Delhi High Court vide order dated 2nd February, 2026 in Writ

                 Petition (C) No.1361 of 2026 and Civil Misc. Application No.6727

                 Gauri Gaekwad                      1 of 2
                                                            47.CP-140-2026.odt




of 2026, concluding that the Commission is well within its rights to

demand affidavits of 100 members of the party who claim that they

are members of that political party. The Commission is entitled to

carry out the verification exercise in respect of the details furnished

by the party. It is a serious matter that in respect of verification

exercise, some of the members who gave the affidavit are factually

found to be not the members of the said party.



3.              In light of the above, the learned Advocate for the

Election Commission of India submits that since the verification

exercise is almost complete and the Petitioner party has responded

to it’s queries on 4th February, 2026, a final decision on the

registration of the Petitioner party would be arrived at within a

period of 15 days from today. The learned Advocate for the

Petitioner submits that the Petitioner is satisfied.



4.              In view of the above, this Contempt Petition is disposed

off.




(ABHAY J. MANTRI, J.)                        (RAVINDRA V. GHUGE, J.)


Gauri Gaekwad                       2 of 2


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