Delhi HC refuses to entertain PIL against AAP for failing to disclose criminal antecedents

New Delhi [India], January 27 (ANI): The Delhi High Court on Monday declined to entertain a Public Interest Litigation (PIL) that sought direction to de-recognition of the Aam Aadmi Party (AAP) for allegedly failing to disclose the criminal antecedents of the party and its candidates during election nominations/ affidavits.

The plea sought directions to the Election Commission of India to suspend, revoke, or cancel the registration of the Aam Aadmi Party (AAP). The petition had requested this action in relation to the upcoming Delhi Assembly Elections 2025, as well as future Lok Sabha and other Assembly elections across the country.

The petitioner argued that AAP’s omission to disclose the criminal records of its candidates, as well as the party’s own criminal history, violated the Supreme Court’s directions. The Court had previously mandated that political parties and candidates disclose any criminal background as part of their nomination process.

According to the petitioner’s counsel, AAP had failed to comply with this requirement, particularly in light of allegations surrounding the party’s involvement in the alleged liquor scam, where AAP is reportedly named as an accused.

The bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela while disposing of the plea stating that the Supreme Court had already issued clear and binding guidelines regarding the disclosure of criminal antecedents.

The court noted that there was no provision under the law for the de-recognition of a political party based solely on the failure to disclose such information.

In response to the court’s decision, the petitioner chose to withdraw the PIL and granted the liberty to approach the Supreme Court directly if they wished to pursue the matter further.

The petitioner, Ashwini Mudgal, submitted that the Election Commission of India (ECI) has not taken any action against the Aam Aadmi Party (AAP) despite a representation dated 19.01.2025.

The petitioner also stated that the ECI had failed to respond to why no action was being contemplated against AAP, or why its candidates were not being required to disclose on the party’s official website that AAP is an accused in the alleged liquor scam and has been charge-sheeted by the Enforcement Directorate.

The plea submitted that, as of the present date, criminal cases filed by the Enforcement Directorate are still pending against the Aam Aadmi Party (AAP), which has been charge-sheeted. Consequently, the plea argued that any candidate contesting on the AAP’s symbol should be required to declare that their party, AAP, has been charge-sheeted by the Enforcement Directorate in connection with allegations of using illegal money during the Goa Assembly elections.