"You're Fighting Amongst Yourselves": Supreme Court Dismisses Swami Chakrapani's Plea Seeking Permission For Akhil Bharat Hindu Mahasabha To Contest Elections

The Supreme Court of India on Monday refused to entertain a petition filed by Swami Chakrapani, claiming to be President of Akhil Bharat Hindu Mahasabha, challenging Delhi High Court's order denying permission to him and other office bearers to contest Assembly elections in several states.

A Bench comprising Justice Indira Banerjee and Justice JK Maheshwari was considering a special leave petition filed challenging the Delhi High Court's order in a plea filed by Swami Chakrapani seeking a direction to the Election Commission of India to permit the party's office-bearers to contest Assembly elections in several states.

Senior Advocate Vikas Singh appearing for Swami Chakrapani argued that the present matter needs to be decided by the Supreme Court.

He 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 thepetitioner as the President of the Mahasabha.

"You're 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 dismissed Swami Chakrapani's petition noting that the factum of Chakrapani occupying the said position of President is highly disputed.

"As many as half a dozen people are claiming to be the President of this organization," the Chief Justice had remarked.

The Court had stated that the Election Commission of India does not have the power or jurisdiction to decide this internal dispute of the political party and that persons concerned may seek a declaration regarding their position in the party from a competent civil court.

Background

Swami Chakrapani had preferred an appeal before the High Court against a single Judge order refusing to direct the Election Commission to recognize the list of office bearers under his leadership as the National President of Akhil Bharat Hindu Mahasabha (ABHM). The plea sought directions to the Election Commission to recognize the list and allow them to contest assembly elections.

It was submitted that Chakrapani was first elected as the national president for the party in 2006. In November 2020 also, he was recognized as the president of the party by the ECI. However, in January 2011, the Commission withdrew the aforesaid recognition on receiving rival claims.

In an earlier round of litigation on a similar issue, it was held by a Division Bench of the High Court that the person claiming to be President of the organization must obtain a declaration in that regard from a competent Court.

"It is for the person who is wanting to exercise rights as President/office bearer to seek a declaration to such office and he cannot be allowed to hold office or to exercise powers thereof merely for the reason of the others having not approached the Court of law," the Division Bench had ruled in LPA 522/2011.

This position was confirmed in July 2012 in a review petition before the High Court and an SLP against the same was dismissed by the Supreme Court in May 2013

While stating that the Court is bound by judicial hierarchy, the High Court in the impugned order observed, "We see no reason to entertain this LPA." It added that the alleged criminal complaints, may have a "direct nexus" with the disputed claim.

Case Title: Swami Chakrapani vs Election Commission of India

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