The Delhi High Court on Monday declined to entertain a public interest litigation (PIL) seeking directions to the Election Commission of India (ECI) to de-recognize the Aam Aadmi Party (AAP) from contesting the upcoming Delhi Assembly Elections due to its alleged failure to disclose being an accused in the Delhi Excise Policy case.

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that courts lack the authority to de-recognize political parties. 

"There may be valid reasons why the power of de-recognition is not vested in courts. Unless you challenge this, we cannot examine it. You are asking us to de-recognize a party, which is not permissible," the Bench remarked.

Following this, the petitioner, Ashwani Mudgal, sought permission to withdraw the plea in order to approach the Supreme Court. The Bench granted the request and dismissed the petition as withdrawn, granting liberty to pursue the matter before the apex court.

Mudgal, who is the Senior Vice-President of Shri Sanatan Dharam Mandir Trust, had approached the High Court alleging that AAP had been chargesheeted by the Enforcement Directorate in the Delhi liquor scam. The petition claimed that AAP had failed to disclose this information as required by the Supreme Court's directions, thus violating the model code of conduct for the 2025 Delhi Assembly Elections.

"If this petition is not entertained, the petitioner and other voters will remain misled by AAP, which has been accused of generating illegal funds through the liquor scam and utilizing those funds in the Goa Assembly Elections," the plea argued.

The petitioner further contended that citizens have a fundamental right under the Constitution to know the antecedents of contesting candidates and political parties. It was alleged that AAP had not issued any public declaration or provided adequate publicity regarding criminal cases against the party or its candidates for the upcoming elections.