HC notice to ECI on Chakrapani’s plea to seek permission to contest polls

According to the petitioner, Chakrapani was recognised as the president of the Akhil Bharat Hindu Mahasabha political party, but it claimed that the Election Commission later withdrew the recognition merely a few days later.

New Delhi: The Delhi High Court on Tuesday issued notice to the Election Commission of India and others on a plea seeking direction to allow the office bearers of Akhil Bharat Hindu Mahasabha, including its president Swami Chakrapani, to contest Assembly elections in several states under the party’s flag.

According to the petitioner, Chakrapani was recognised as the president of the Akhil Bharat Hindu Mahasabha political party, but it claimed that the Election Commission later withdrew the recognition merely a few days later.

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A division bench of Chief Justice DN Patel and Justice Prateek Jalan issued notice to respondents on the plea filed by Chakrapani against a single-judge bench order, which had dismissed the petition, and slated the matter for further hearing on December 23.

Senior advocate Vikas Singh appeared for the petitioner, while advocate Sidhant Kumar appeared for the Election Commission of India in the matter.

The plea sought directions to the Election Commission to recognise the list of office bearers under the Presidentship of 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 said that the Akhil Bharat Hindu Mahasabha is a registered political party certified by the Election Commission of India as is one of the oldest political parties of India. It claimed that Chakrapani was first elected as the national president for the party in 2006.

“On November 11, 2010, the petitioner was recognised by the respondent as the president of the said party. However, on January 14, 2011, the respondent withdrew the aforesaid recognition as there were litigations,” the plea said.

Earlier, a single-judge bench of the High Court had dismissed the petition noting that the petitioner has stressed that as of today there are no litigations pending with any of the other persons who claim to be the office bearers of the Akhil Bharat Hindu Mahasabha.

In view of the observations of the Division Bench, which had earlier dismissed a petition over the conflict between the party and the Election Commission of India, the single-judge bench had said that in its opinion the present petition is misconceived.