'Not permissible': Delhi HC dismisses plea to derecognize AAP
What's the story
The Delhi High Court has dismissed a petition seeking the derecognition of the Aam Aadmi Party (AAP).
The petitioner, Ashwini Mudgal, had accused the AAP of failing to disclose criminal antecedents of its candidates for the upcoming February assembly elections.
The bench, comprising Chief Justice DK Upadhyay and Justice Tushar Rao Gedela, clarified that there is no legal provision allowing for the derecognition of a political party.
Reason
Petitioner allowed to approach SC
"There may be a good reason the de-recognition power is not given (to courts). We are not going to examine that unless you challenge it. You are not challenging their (Election Commission's) de-recognising power. You are telling us to de-recognize a party, which is not permissible," the bench said.
The petitioner then sought permission to withdraw the plea and approach the Supreme Court, which the bench allowed.
Allegations detailed
Petitioner accuses AAP of misleading voters
Mudgal alleged that the AAP was misleading voters by not publicly declaring criminal cases against it and its candidates.
He also pointed out that the AAP is named as an accused in the Delhi excise policy case, with prominent figures like former Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia being charge-sheeted by the Enforcement Directorate (ED).
Legal advice
Court advises petitioner to approach Supreme Court
During the hearing, advocate Arun Maitri, appearing for Mudgal, contended that the AAP flouted the SC's 2021 directions in the Ram Babu Singh Thakur case.
This verdict requires political parties to publish their candidates' criminal histories and explain why they chose them over non-criminals.
The petitioner stated that the party failed to provide the information as directed by the Supreme Court, hence violating the model code of conduct for the upcoming Delhi Assembly Elections, 2025.