AR. LAKSHMANAN, J. ( 1 ) HEARD Sri K. K. Waghray, learned Counsel for the petitioner and Mr. C. P. Sarathy, learned senior advocate for the Election Commission. ( 2 ) THE writ petition is filed seeking a direction in the nature of writ of mandamus declaring the action of the Election Commission of India directing the petitioner to choose a different name for the political party, Ambedkar National Congress, as illegal, arbitrary and unwarranted. ( 3 ) THE petitioner submitted that his party was established on 12-7-1998 at Hyderabad and that in response to the representation dated 5-8-1998, the Election Commission by its letter dated 14-8-1998 had raised some objections. In response to the objections raised and forwarded by the authority, the petitioner states that the same were complied with and sent the same to the authority along with covering letter dated: 16-3-1999. According to the petitioner, the petitioner submitted the application and forwarded the same on 5-8-1998 after complying with all objections in pursuance of the letter dated 14-8-2001 and 19-4-1999 and at no point of time, objection regarding similarity of the name to the other political party was raised. ( 4 ) ACCORDING to the petitioner, the Election Commission having received the material, by its proceedings dated 2-3-2001 sent a letter contending therein that the name of the Association "ambedkar National Congress" is closely resembling with "indian National Congress", the National Party and advised to choose a different name for the association. According to the petitioner, the reasons given in the proceedings dated 2-3-2001 are unwarranted as the name "ambedkar National Congress" is admittedly a different name from Indian National Congress and therefore, there is no justification in raising such unwarranted objections. Further, it is submitted that the symbol is the criteria for the voters to elect the candidates while voting and the name will not create any confusion in the minds of the electors. That apart, the objection of the 2nd respondent is arbitrary on the face of it for the reason that in Table I under the caption national Parties of notification dated: 10-1-1998, the Communist Party of India is registered at Serial No. 3 and Communist Party of India (Marxist) is registered at Sl. No. 4. That apart, the objection of the 2nd respondent is arbitrary on the face of it for the reason that in Table I under the caption national Parties of notification dated: 10-1-1998, the Communist Party of India is registered at Serial No. 3 and Communist Party of India (Marxist) is registered at Sl. No. 4. Even in the Election Symbols (Reservation and Allotment) Order, 1968, similarity of name is not given any criteria for the purpose of registering a political party under Section 29-A of the Representation of People Act. Therefore, the whole action of the 2nd respondent is illegal, arbitrary and contrary to law. ( 5 ) WE have perused the order dated: 12-4-1999 passed by the Secretariat of the Election Commission of India. The petitioner was intimated that under Section 29-A of the Representation of the People Act, 1951, he shall pay a proceeding fee Rs. 10,000. 00 by means of a demand draft and that the said processing fee is non-refundable and that the applicant-association shall also produce individual affidavits from atleast 100 members of the party to the effect that the said member is a registered elector and he is not a member of any other political party registered with the Commission, duly sworn before a First Class Magistrate or Notary Public or Oath Commissioner. Apart from the above requirements, it was also pointed out that the name of the party was proposed as Ambedkar National Congress and in the Constitution forwarded with the application, the petitioner had used the name "all India Ambedkar National Congress" and "the Ambedkar of National Congress" and therefore, the petitioner was advised to adopt only one name of the party and furnish an amended and authenticated copy of the party constitution mentioning only one name throughout. The petitioner submitted a reply on 5-1-2001 informing the Election Commission of India that he has complied with all the requirements asked for. It is also stated that they have also furnished certified extracts of the electoral rolls in respect of the members of their party as required by the Commission and apart from the above requirements, they have corrected and amended the party constitution authenticating only one name throughout the constitution. It is also stated that they have also furnished certified extracts of the electoral rolls in respect of the members of their party as required by the Commission and apart from the above requirements, they have corrected and amended the party constitution authenticating only one name throughout the constitution. ( 6 ) BY communication dated: 2-3-2001, the petitioner was advised to choose a different name of the association so as to avoid confusion in the minds of the electors on account of the similarity of the name. The petitioner was also advised to submit an amended and updated copy of the constitution of the party incorporating the procedure of merger in the new name, duly authenticated on each page and further action will be taken on receipt of the above information/particulars. ( 7 ) COUNTER-AFFIDAVIT has been filed by the Secretary to the Election Commission. According to the Election Commission, the application submitted by the petitioner was incomplete as the following particulars/ information had not been furnished: (A) The applicant had not sent the party constitution along with the application. (b) Copy of the Party Constitution was not submitted. An application under Section 29-A should be accompanied by a copy of the constitution of the association containing all relevant provisions/particulars. (c) The names of the main organs like Executive Committee/executive Council etc. , which are the main decision making organs of the organization, functions of each such organ and complete list of office bearers, their term of office and process of election were not furnished. (d) The party was required to produce extracts from the latest electoral rolls in respect of atleast 100 members (including all the office-bearers and members of main organs like Executive Committee/executive Council, which are the main decision making organs of the organization duly certified by the Electoral Registration Officer of concerned Assembly Constituency to show that they are registered electors. (e) The applicant had not sent the affidavit duly signed by the President/general Secretary of the party and sworn in before a First Class Magistrate/oath Commissioner/notary Public, to this effect that no member of the organization is member of any other political party registered with the Commission. ( 8 ) THE Commission vide letter dated 14-8-1998 had also informed the petitioner of the aforesaid deficiencies in his application. It is submitted by Mr. ( 8 ) THE Commission vide letter dated 14-8-1998 had also informed the petitioner of the aforesaid deficiencies in his application. It is submitted by Mr. Sarathy, the learned senior Counsel appearing for the Election Commission that the Election Commission while deciding the application for registration under Section 29-A, has to ensure that the name of the applicant-association does not resemble the name of the existing registered political parties and that such resemblance can cause confusion among the public in general and the electorate, in particular, thereby hindering the smooth conduct of the election. However, the petitioner did not bother to reply to the letter of the Commission or placed its submission to the Commission and has rushed to this Court. Sri Sarathy, further submitted that as no final order has been passed on the application, the petitioner has to approach the Commission for any matter connected with his application before approaching the High Court in a writ petition. We see merit in the submission made by the learned Counsel for the Election Commission. Section 29-A of the Representation of the People Act, 1951 provides the procedure for registration with the Election Commission of Association and bodies as political parties. Any Association or body of individual citizens of India calling itself a political party shall make an application to the Election Commission for its registration as a political party for the purpose of the Act. Every such application shall be made as per the procedure mentioned in Sub-sections (2) and (3) of Section 29-A. Sub-section (4) provides in regard to details/particulars that have to be mentioned in the application. Sub-section (5) of Section 29-A says that the application under Sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India. Sub-section (6) of Section 29-A enables the Commission to call for such other particulars as it may deem fit from the association or body and after considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving representatives of the association or body reasonable opportunity of being heard, the Commission shall decide either to register the association or body as a political party for the purposes of this part, or not so to register it; and the Commission shall communicate its decision to the association or body under Sub-section (7) of Section 29-A. The petitioner has rushed to this Court by filing the above writ petition. In our opinion, as no final order has been passed on the application, the petitioner has to approach the Commission in any matter connected with his application before approaching this Court in a writ petition. According to the Election Commission, the application was incomplete as could be seen from paragraph 3 of the counter-affidavit. We, therefore, direct to the petitioner to comply with the said direction and furnish particulars/information as required for under paragraph 3 of the counter-affidavit. The Election Commission shall afford an opportunity to the petitioner or to his authorised representative and then pass appropriate orders in accordance with law. The Election Commission shall dispose of the application under Section 29-A of the Representation of the People Act, 1951 within a period of two months from the date of the receipt of this order. ( 9 ) THE writ petition is disposed of accordingly. No costs.