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Delhi High Court has rejected a plea by Swami Chakrapani against the Election Commission of India seeking to allow the office bearers of Akhil Bharat Hindu Mahasabha, including himself, the President of the organization, to contest Assembly elections in several states under the Party's flag.

The matter was being heard by a division bench of Chief Justice DN Patel and Justice Jyoti Singh.
The plea stated that while in November 2020 Chakrapani was recognized as the President of the said party, however, in January, 2011 the ECI withdrew the recognition stating that there were litigations.

Questioning the ECI, the bench asked, "So if it is contested in 2010, will you deny them for another 100 years?"

Upon which the counsel for ECI informed the Court that the party, Akhil Bharat Hindu Mahasabha (ABHM) had internal disputes, which they were asked to settle.

Sr. Adv. Vikas Singh for Chakrapani then clarified his case, saying, "I was recognized from 2006 to 2011, now I can't suddenly be de-recognized merely because someone has filed a petition against me, there should be some interim order also. If there is an injunction, then only I can be out, otherwise I can't be out. The effect is that the party will be de-registered. This case will go on for eternity then, there is no end to it."

The court then asked Singh, "Why didn't you go for a civil suit?" Replying Singh informed the Court that it was because that would leave the fate of the party uncertain.

After hearing both sides, the court noted, "The application was preferred by the appellant on 01.01.2018. There is a communication between the Election Commission and the present appellant dated 13.03.2020 in which there is a reference to more communications by the ECI to the appellant. The communication stated that as few persons had already raised objections about the so called office bearers of ABHM, therefore as per decision of the court in LPA, dated 16.03.2012, r/w decision in the review petition, dated 13.07.2012, Chakrapani had to file a declaratory suit." 

Considering the facts of the case, the Court rejected Swami Chakrapani's appeal seeking declaration as President of ABHM, and for permission for ABHM to contest Assembly elections stating that "there are as many as half a dozen persons claiming to be occupying the post."

Delhi High Court further observed that earlier too a round of petitions had been filed by the same petitioner seeking similar reliefs and that all these litigations were rejected up until the Supreme Court.

Refusing to entertain the case, the court said, "The ECI has no power or jurisdiction to decide the internal disputes in a political party about the office bearers, who should be recognized as the President of the party, etc." and therefore in view of the fact that there were "as many as half a dozen persons claiming to be the President of the Akhil Bharat Hindu Mahasabha, the matter has to be decided by an apt civil court, not by the Election Commission of India."

Noting that it is a highly disputed fact that Swami Chakrapani is indeed the President of the Akhil Bharat Hindu Mahasabha, and that there are rival contentions regarding his claim, with suits also pending, the court held that the appeal by Chakrapani stands to be rejected.