No Undue Haste in Granting Recognition to AAP: EC to HC

The Election Commission on Friday informed the Delhi High Court that no undue haste was made in granting recognition to the Aam Aadmi Party (AAP) which had complied with all requirements.

Published: 03rd May 2014 08:28 AM  |   Last Updated: 03rd May 2014 08:28 AM   |  A+A-

The Election Commission on Friday informed the Delhi High Court that no undue haste was made in granting recognition to the Aam Aadmi Party (AAP) which had complied with all requirements.

The poll panel filed an affidavit before a Bench headed by Chief Justice G Rohini in response to a PIL seeking quashing of the registration of the Arvind Kejriwal-led party on the ground that it had filed forged and fabricated documents with it.

“It is submitted that registration to the AAP was granted after completing all requisite formalities and requirements. There is no lapse or any undue haste on the part of the Commission’s office in this regard, as alleged or at all,” the affidavit filed by Ashish Chakraborty, Secretary EC, said. The poll panel also said though petitioner Hans Raj Jain has made allegations against AAP, but “he has not impleaded the party as a respondent.” “In view of the legal position and submissions made, it is humbly submitted that there is no case for any direction to answering respondent (EC) and it is prayed the court may be pleased to dismiss the petition with costs,” it said.

The Bench asked the EC to file the affidavit in the registry and fixed the PIL for further hearing on July 30. The court was hearing the plea of Jain, who had alleged that provisions of State Emblem of India (Prohibition of Improper Use) Act has been violated by AAP as its registration application contained the ‘chakra’ logo as depicted in the national flag.

‘AAP’s FIR a Gimmick’

Terming the FIR by the erstwhile AAP Government on gas pricing as motivated and a political gimmick, Reliance Industries Ltd (RIL) moved the Delhi High Court seeking its quashing on the ground that the issue fell within the domain of the Centre and is well beyond the power of the state government.

A Bench of Justice Manmohan has fixed the plea of RIL, which also challenges a 1993 notification according power to the Anti Corruption Bureau of Delhi administration, for hearing on May 20. “The very act of registration of an FIR by the state government to inquire into the policy decision taken by the Union government is ultra-vires to the Constitution... And the respective field of their jurisdiction in the matters relating to the Legislation and Executive are demarcated under the same. “It is submitted that it does not permit encroachment by one authority upon the jurisdiction earmarked for another.... any attempt by the state to inquire into the affairs of the Union (both on its legality or alleged criminality) is thus against the basic tenets of federal structure of Constitution,” the plea said.


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