AAP’s open-door policy not off the hinges as Delhi High Court on Thursday dismissed a plea seeking cancellation of registration of Aam Aadmi Party for allegedly using forged documents, observing that a “political party is like a club” and law is clear that courts will not interfere in its “indoor management”.
“We do not find any merit in the petition and rather find it to be thoroughly misconceived and dismiss the same with costs of Rs5,000 payable to Delhi State legal Services Authority (DSlSA) within three months of today (Thursday),” a Bench of Chief Justice G Rohini and Justice RS Endlaw said.
The judgement came on the plea filed by one Hans Raj Jain, who had sought cancellation alleging that the “registration of AAP was allowed (by the Election Commission of India) in a hurried manner on the basis of false and fabricated documents without making any proper enquiries”.
Jain had claimed that there were discrepancies in residential addresses given by some AAP members in their affidavits when compared to the addresses given in their voter ID cards or income tax returns.
The Bench, relying on a Supreme Court judgement, held that Section 29A(9) of Representation of the People Act requires a registered political party to communicate to Election Commission of India (ECI) about any change in its name, head office, office bearers, address or any other material matter but it does not enjoin any corresponding duty on the ECI to exercise any such power over the political parties.
The Bench said that the objection of the petitioner that the elections of the Executive Committee of AAP were held arbitrarily without adopting democratic procedure is of no avail.
“Guidelines of ECI regarding registration of political party inter alia require that there should be a specific provision in the rules/constitution of the association or body of persons seeking registration as political party regarding internal democracy in the party, organisational elections at different levels, mode of such elections etc. But there is nothing, either in Section 29A or in the said guidelines requiring an inquiry to be conducted into the fairness and validity of the elections held for the post of office bearers of such political party,” the Bench said.
The court also noted there is no specific provision for registration of flag, symbol or slogan or design of the flag in the Representation of the People Act and the particulars regarding flag, symbol or slogan are not relevant factors to be furnished by the political party for its registration.
It also clarified that the insignia on the letterhead of AAP can neither be said to be Ashoka Chakra nor a colourable imitation thereof and the party in its letter to EC had clearly stated that the insignia on its letterhead was not the official logo of the party and that if found not entitled to use, it would not do so.
The purported Ashoka Chakra is interspersed with the human head with raised arms on the two sides and it thus, cannot be said that the aforesaid is an imitation of the Ashoka Chakra.
“Similarly, the swirling bands by no stretch of imagination can be said to be a colourable imitation of the National flag,” the Bench clarified on the letterhead used by AAP in application for registration to ECI.