Sunday, November 27, 2022

Supreme Court rejects Swami Chakrapani’s plea against Delhi High Court disallowing him to contest Assembly polls

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The Supreme Court on Monday refused to entertain a petition filed by one Swami Chakrapani, who claims to be the President of Akhil Bharat Hindu Mahasabha, challenging the Delhi High Court order, which refused him permission to contest the Assembly elections in five states of the country.

A two-Judge Bench, led by Justice Indira Banerjee and also comprising Justice J.K. Maheshwari, refused to entertain the Special Leave Petition (SLP) filed by Chakrapani.

The petitioner had sought directions to the Election Commission to permit the party’s office-bearers to contest Assembly elections in several states.

Senior Advocate and former Additional Solicitor General (ASG) Vikas Singh, appearing for Chakrapani, submitted that the present matter needs to be decided by the Supreme Court.

Singh 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 are 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. 

“Oldest party! You’re fighting within the party. Someone says I am the President, someone else says I am the President,” the Bench remarked. 

A Division Bench of the Delhi High Court, comprising Chief Justice DN Patel and Justice Jyoti Singh, had earlier dismissed Chakrapani’s petition, noting that the factum of Chakrapani occupying the said position of President was highly disputed.

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