The Delhi High Court on Monday dismissed a public interest litigation seeking de-recognition of the Aam Aadmi Party (AAP) on the grounds that it violated a Supreme Court ruling mandating publishing of criminal antecedents by candidates and political parties.
The Division Bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela refused to entertain the plea filed under Article 226, noting that the plea ought to be filed before a competent authority.
Claiming himself to be a social worker, Mudgal, a former member of Delhi Rural Development Board and Senior Vice-President of Shri Sanatan Dharam Mandir Trust, contended in his PIL that there was a violation of the judgment as AAP and its candidates failed to disclose the criminal antecedents (charges in the alleged liquor scam).
The Counsel appearing for the Election Commission of India apprised the Division Bench that there was no provision in law empowering the Commission to de-recognise a political party.
Taking into account this submission, the High Court told the petitioner to approach the Supreme Court regarding the non-compliance of its verdict. It further said that the PIL had nothing to do with individual cases and individual nominations.
The petitioner sought permission to withdraw the plea, which was granted by the Division Bench.
The petitioner contended that in an earlier PIL, the Apex Court had issued certain directions requiring the political parties to furnish certain information and put it on their portal.
If a political party failed to do so, the Election Commission of India was required to have reported the matter to the Supreme Court. The petitioner sought de-recognition of AAP on the grounds that it failed to disclose criminal antecedents of candidates (charges in the alleged liquor scam).
Noting that there was no provision for derecognition or suspension of a political party, the High Court said the first prayer could not be granted. Regarding the second prayer seeking issuance of a showcause notice, the High Court said that if the Commission was not vested with the authority to derecognise or suspended, there was no reason for a showcause notice.
The High Court, thus, rejected the PIL.
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