What Delhi High Court said on PIL to derecognise AAP for organising Ganesh Puja celebrations

The Delhi High Court on Tuesday took an unfavourable view of the public interest litigation (PIL) petition seeking derecognition of Aam Aadmi Party (AAP) on the ground that Arvind Kejriwal-led Delhi government organised Ganesh Chaturthi celebrations and telecast it on media. .A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said that the State was not asking people to convert to any religion but only holding a puja, and derecognising a political party for the same would be a drastic step."State is not saying convert to Hinduism or Buddhism. State is only saying celebrate the festival. Deregonising a political party is a drastic step," the Court remarked. The Bench further highlighted how the Prime Minister, President and Chief Ministers issue greetings on festivals like Diwali and Eid but they cannot be said to be a violation of the secularism or Section 29A(5) of the Representation of People Act. .The High Court was dealing with a plea filed by advocate ML Sharma in the year 2021. He moved the High Court arguing that since India is a secular country, no government can conduct any religious function and use public money for such a purpose. Sharma argued that governments organising religious events is not permitted under the Constitution. In this regard, he placed reliance on the inclusion of the term "secular" in the Constitution's preamble.Referring to the organisation and broadcast of Ganesh Puja by the Delhi government in 2021, Sharma said,"It was a joint effort by Delhi government with AAP. It is a clear violation of Constitution. I am looking for de-recognition of the political party. They should be barred forever. The moment you kick out Constitution, you have no right to be in Constitutional office.".Sharma told the Court today that his petition was not only against AAP but all political parties who hold such events. Advocate Sidhant Kumar appeared for the Election Commission of India (ECI) and opposed the plea.Kumar said that the PIL is not maintainable and the Delhi government had organised the Ganesh Puja during Covid pandemic to avoid overcrowding and to keep Yamuna clean.After hearing the submissions, the Court granted Sharma permission to amend his petition and deferred the hearing in the matter. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.