Delhi High Court has outrightly rejected the Public Interest Litigation (PIL) demanding deregistering Aam Aadmi Party (AAP) and barring Arvind Kejriwal, Manish Sisodia and Durgesh Pathak from contesting elections. The court clearly said that this petition is completely based on misunderstanding and without any merit. The court said that the petition is baseless, there is no such legal provision, contempt comes under a separate law.
Delhi High Court said that the petition filed in this case has been filed without properly understanding the legal system. In which a demand has been made to direct the Election Commission of India to cancel the registration of Aam Aadmi Party (AAP) for alleged violation of Section 29A(5) of the ‘Representation of the People Act, 1951’.
Hearing was held in Delhi High Court on the PIL filed in Delhi High Court demanding disqualification of Arvind Kejriwal, Manish Sisodia and Durgesh Pathak from contesting elections and cancellation of registration of AAP Party. The hearing was conducted by the bench of Chief Justice Devendra Upadhyay of Delhi High Court. The court rejected this PIL. The court said that the allegations made in the petition have no legal substance. Therefore, there is no justification for issuing any order on this petition.
The petition alleged that during the hearing of the liquor policy case, the leaders boycotted the court proceedings and launched a campaign against the judge on social media. Therefore, he should be barred from contesting elections and AAP’s registration should be cancelled. However, the court clearly said that such demands have no legal basis and the PIL is not maintainable.
The court said that you want us to order the Election Commission to cancel the registration of any political party? But is there any provision in the law to de-register a political party? If so, what is its complete legal framework?
The petition states that this petition has been filed in the public interest, so that public confidence in the justice delivery system is maintained and equal respect for judicial proceedings is ensured regardless of political position or status.
The court said that the registration of a political party can be canceled only if it has been declared an unlawful organization under UAPA or any similar law.
The lawyer said that Section 29A(5) of the Representation of the People Act says that when a party is registered, it has to give an undertaking in writing that it will abide by the Constitution and its basic principles. The lawyer argued that if any party violates these conditions then action or demand for de-registration may arise against it.
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