Delhi HC rejects PIL seeking cancellation of registration of Aam Aadmi Party, imposes cost of Rs. 5,000/- on the petitioner

The Delhi High Court through a judgment delivered today rejected a public interest litigation that sought cancellation of registration of Aam Aadmi Party on the ground of party having obtained registration using forged, wrong and incomplete documents. The petitioner, who had earlier approached the Election Commission of India regarding registration of AAP as a political party, submitted before the Court, "The application submitted by AAP on 3rd December, 2012 for registration was on letterhead showing logo of "Dharma Chakra" of the National Flag and which usage is contrary to the Emblems and Names Act, 1950 and Section 123 of the RP Act." "It also noted that in Indian National Congress Vs. Institute of Social Welfare 5 SCC 685, the Supreme Court had opined that ECIis a quasi judicial authority and "since fraud or forgery vitiate any act or order passed by any quasi judicial authority, ECI even in the absence of any specific power would be entitled to deregister a political party which was registered by practicing fraud or forgery." The judgment also says, "The petitioner alleges that certain documents submitted by AAP along with its application for registration have been forged but none whose signatures may have been forged has comeforward and thus the plea of fraud and forgery is bereft of any particulars and is bald and is no plea in law.