The Delhi High Court on Monday turned down a petition that sought to strip the Aam Aadmi Party (AAP) of its official recognition. The plea claimed AAP hid criminal records of its candidates and its own involvement in the Delhi liquor policy scandal. Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela ruled that current laws do not allow authorities to de-recognize a political party.
What the Petition Claimed
Activist Ashwini Mudgal filed the petition, arguing AAP violated Supreme Court rules by not sharing details about criminal cases linked to its candidates. The party and its leaders, including Arvind Kejriwal and Manish Sisodia, are named in a money laundering case tied to Delhi’s 2021 liquor policy. The petition stated AAP misled voters by keeping this information off its website and public statements.
Mudgal’s lawyer cited a 2021 Supreme Court order requiring parties to publish candidates’ criminal histories online, in newspapers, and on social media. The goal was to help voters make informed choices.
Court’s Observations and Reasoning
The judges emphasized there’s no legal basis to de-recognize AAP.
“You’re asking us to remove a party’s recognition, but the law doesn’t grant that power. If the Supreme Court’s orders aren’t being followed, approach them directly,” the bench stated.
The Election Commission of India (ECI) also clarified it lacks authority to deregister parties.
“Can it be a 226 (petition)? No, it can’t be. You have to file a petition before a competent authority. We are not competent authorities,” the bench added.
After the court’s remarks, the petitioner withdrew the plea but reserved the right to escalate the matter to the Supreme Court.
“The petition is withdrawn, with permission to seek remedies elsewhere,” the court order noted.
Key Implications
- No Legal Path for Deregistration: The verdict highlights gaps in election laws regarding punishing parties for non-disclosure.
- Transparency Challenges: Despite Supreme Court guidelines, enforcing candidate accountability remains difficult.
- AAP’s Electoral Battle: With Kejriwal and Sisodia contesting in 2025, the party’s adherence to disclosure rules will stay under public watch.
The ruling underscores that electoral reforms, like derecognition powers, need clear laws. For now, voters rely on parties to voluntarily follow transparency norms—a system critics call flawed.
“There may be a good reason why such de-recognition power is not given.”
– Delhi High Court Bench
