Apex court Struck down swami Chakrapani's Plea Seeking Permission For Akhil Bharat Hindu Mahasabha To Contest Elections and said that "You're Fighting Amongst Yourselves"
The Top court of India today denied to entertain a petition filed by Swami Chakrapani, claiming to be President of Akhil Bharat Hindu Mahasabha, challenging Delhi High Court's order denying permission to him and other office bearers to contest Assembly elections in several states.
A Bench comprising Justice Indira Banerjee and Justice JK Maheshwari was considering a special leave petition challenging the Delhi High Court's order in a plea filed by Swami Chakrapani seeking a direction to the Election Commission of India to permit the party's office-bearers to contest Assembly elections in several states.
The bench remarked that "Oldest party! You're fighting within the party. Someone says I am the President, someone else says I am the President".
A Division Bench of the Delhi High Court comprising Chief Justice DN Patel and Justice Jyoti Singh had dismissed Swami Chakrapani's petition noting that the factum of Chakrapani occupying the said position of President is highly disputed.
According to a petition filed in the Delhi High Court, Chakrapani was recognized as the president of the All India Hindu Mahasabha political party, but it claimed that the Election Commission later revoked the recognition a few days later.
The petition sought a direction to the EC to recognize the list of office bearers headed by Swami Chakrapani and allow the petitioner and the office bearers of the Akhil Bharat Hindu Mahasabha to participate in the assembly elections in several states. It is said that the Akhil Bharat Hindu Mahasabha is a registered political party certified by the Election Commission of India, as it is one of the oldest political parties in India. It claimed that Chakrapani was first elected as the party's national president in 2006.
Today Senior Advocate Vikas Singh appearing for Swami Chakrapani argued that the present matter needs to be decided by the Supreme Court.
He argued that presently, nobody is able to nominate candidates for Mahasabha because of the vacuum that is created.
He submitted that the Election Commission has said that it cannot recognize the petitioner as the President of the Mahasabha.
"You're fighting amongst yourselves, what can be done?" Justice Indira Banerjee said
"This court will have to look into this matter, it is the oldest party, somebody should represent the party. This is a matter which should be decided by the Supreme Court" Singh said
"As many as half a dozen people are claiming to be the President of this organization," the Chief Justice had remarked.
The Court had mentioned that the Election Commission of India does not have the power or jurisdiction to decide this internal dispute of the political party and that persons concerned may seek a declaration regarding their position in the party from a competent civil court.
