HC issues notice to Centre, EC, Delhi govt over PIL seeking de-recognition of AAP for promoting Ganesh Chaturthi
Sep 20, 2021
New Delhi [India], September 20 : Delhi High Court on Monday issued notice to Centre, Election Commission and Delhi Government in a Public Interest Litigation (PIL) seeking de-recognition of the Aam Aadmi Party on the grounds that it allegedly violated basic principles of secularism by promoting Ganesh Chaturthi Puja on TV channels and calling people to join in.
A bench comprising of Justice DN Patel and Justice Amit Bansal on Monday sought the response of the Election Commission of India (ECI), Union of India and Government of Delhi in the matter and posted the matter for November 18.
The plea sought the direction of the court to declare religious ceremony /promotion/funding for religious work/ trust/ person in either manner by the state/respondents from State treasury attract s.408 & 420 of IPC couple with illegal, arbitrary and unconstitutional.
Advocate ML Sharma the petitioner also sought direction to quash political recognition of Aam Aadmi Party with further directions prohibiting Delhi Chief Minister Kejriwal and Cabinet Ministers for hold constitutional office due to violation of constitution and Violation of section 29 (a) (5) of the Representation of People Act in the interest of justice, the plea said.
The plea also stated that, by using the state's fund for organising impugned religious events and payment to T.V. channels for advertisement and live telecast for vested political interest by the several leaders which attract s.408 of Indian Penal Code, a criminal breach of trust. Therefore, they are also liable to be investigated and prosecuted for u/s 408 of IPC.
Earlier Delhi High Court had refused to entertain a PIL concerning states organising Ganesh Chathurthi celebrations amid COVID violations. Court had said this PIL was filed without proper homework and granted liberty to the petitioner to file it with proper averments.
Petitioner ML Sharma had told the bench that he got to know through media that Delhi Government has been inviting people to join Ganesh Puja organised by the state government. The plea stated that conducted and promoted the religious worship by the state and advertisement in T.V Channels from state treasury being contra to the Art 21, 25 & 14 & basic structure of secularism a serious injury to the constitutional mandate to the citizen of India.
