Delhi High Court refuses to entertain plea to derecognise AAP; allows petitioner to move SC

The Delhi High Court on Monday refused to entertain a public interest litigation (PIL) petition seeking directions to the Election Commission of India (ECI) to de-recognise the Aam Aadmi party (AAP) from contesting in the Delhi Assembly Election owing to non-disclosure that it was an accused in the Delhi Excise Policy case..A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the Court does not have the power to de-recognise a political party."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 Court said.The petitioner, Ashwani Mudgal, then sought permission to withdraw the plea to approach the Supreme Court.The Bench allowed the request.“The petition is dismissed as withdrawn with liberty to approach the Supreme Court,” the Court said..The petitioner, who is the Senior Vice-President of Shri Sanatan Dharam Mandir Trust, moved the High Court alleging that AAP is an accused in the liquor scam having been chargesheeted by the Enforcement Directorate in the Delhi liqour scam.However, the party has not disclosed the same as per the directions of the Supreme Court thereby, violating the model code of conduct for the upcoming Delhi Assembly Elections, 2025. "If the present petition is not entertained, then the petitioner as well as other electorate will continue to get misled by AAP against whom the Enforcement Directorate have filed a charge-sheet and have alleged that the said party generated the illegal money through liquor scam and said illegal money was used in Goa Assembly Elections," the plea said.As per the Constitution of India, the petitioner as well as public at large have a fundamental right to know about the antecedents of the contesting candidates as well as such antecedents about the political parties, it was contended. "That to the knowledge and notice of the petitioner, AAP has not issued any declaration on its website nor have given the wide publicity regarding the registration of criminal cases against AAP and its candidates contesting the forthcoming Delhi Assembly Elections, 2025," the petition stated.