The ECI said that on July 9, 2026, it received a “very sensitive input” alleging that 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 sovereignty and integrity of India”.

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

The report of this inquiry is awaited, the ECI said.

It made the disclosure in two separate affidavits, dated September 14, 2026, and November 3, 2026. They came in response to a writ petition by Waris Punjab De seeking an expeditious decision on its application seeking registration.

In its September 14 affidavit, the ECI stated that Waris Punjab De submitted the application for registration on January 22, 2025, and the same was acknowledged by the Commission on February 6, 2025.

After scrutiny, a deficiency letter was issued to the applicant on September 10, 2025, and the next day, the ECI requested the Chief Electoral Officer (CEO) of Punjab to initiate the verification process.

The affidavit adds that two reminders were sent to the CEO, Punjab – on March 18, 2026, and April 20, 2026 – to expedite the field verification process. The CEO of Punjab submitted a “positive verification report” on April 27, 2026, and the report was under active consideration.

In the meantime, Waris Punjab De filed the writ petition before the High Court.

The ECI said that the objection about Waris Punjab De’s separatist leanings was received on July 9, 2026, while the petition was pending before the High Court. After the objection was received, the ECI instructed the CEO, Punjab, to conduct a “comprehensive background inquiry”.

“Acting diligently, the ECI forwarded the objection to the CEO, Punjab, on July 14, 2026, with clear instructions to conduct a comprehensive background inquiry and furnish a detailed report. However, the said report is yet to be received,” the September 14 affidavit stated.

Notably, Section 29A of the Representation of the People Act, 1951, governs the registration of political parties. It mandates that any application must be accompanied by a copy of the memorandum or rules and regulations of the association and must incorporate a provision that the association seeking registration will bear true faith and allegiance to the Constitution of India and to the principles of socialism, secularism and democracy and would uphold the sovereignty and integrity of India.

ECI has now said that 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.

Further, it denied any delay on its part in deciding Waris Punjab De’s plea seeking registration.

The Commission blamed Waris Punjab De for the alleged delay, stating that while a deficiency letter was issued on September 10, 2025, pointing out various defects in the registration application. The ECI said that Waris Punjab De were given 30 days to clear the defects, but the rectified documents were submitted only on January 16, 2026, causing inordinate delay.

Further, the ECI said that the argument about potential deprivation of a common election symbol for the upcoming Punjab assembly election is “legally untenable."

When the petition came up for hearing on October 1, 2026, the ECI counsel sought time to file a “detailed/ amended counter affidavit”, bringing on record some facts about the new development.

The fresh affidavit dated November 3, 2026, stated that the report of the “comprehensive background inquiry” from the CEO Punjab, is still awaited and reminders have also been sent to the CEO.

It adds 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 petition filed by Waris Punjab De should be disposed of, the ECI said.

Justice Saurabh Banerjee of the High Court heard the matter on November 4 and listed it for further consideration on January 11, 2027.