A PIL before the Delhi High Court seeks action against the Election Commission of India to deregister the Aam Aadmi Party and its leaders for refusing to join proceedings before Justice Swarana Kanta Sharma in the excise case.
A Public Interest Litigation (PIL) has been filed before the Delhi High Court seeking directions against the Election Commission of India to deregister the Aam Aadmi Party (AAP) and its leaders.
The petition alleges that they refused to participate in proceedings before Justice Swarana Kanta Sharma in connection with the Delhi excise policy case. It further claims that the leaders allegedly scandalised the judge on social media.
The PIL is scheduled to be heard today before a Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.
The plea states,
“The continued non-compliance or indifference by public authorities or concerned respondents in court proceedings undermines the effective administration of justice and is detrimental to the principles of constitutional governance. In a constitutional democracy, adherence to due process and active participation in judicial proceedings is essential to uphold the rule of law and public confidence in the justice delivery system,”
The PIL also seeks the disqualification of Arvind Kejriwal, Manish Sisodia, and Durgesh Pathak from contesting elections, on the ground that their conduct violates Section 29A(5) of the Representation of the People Act.
The petition has been filed by Satish Kumar Aggarwal against the Union of India, the Election Commission of India, the AAP, former Delhi Chief Minister Arvind Kejriwal, former Deputy Chief Minister Manish Sisodia, and AAP leader Durgesh Pathak.
According to the petition, the relief is sought because the AAP leaders allegedly declined to appear before Justice Swarana Kanta Sharma in matters arising out of the Delhi excise policy case.
The petitioner argues that such conduct undermines the authority and dignity of a constitutional court and amounts to a failure to comply with the requirement of true faith and allegiance to the Constitution under Section 29A(5) of the Representation of the People Act.
The plea states that it has been filed in the public interest to uphold public confidence in the justice delivery system and to ensure equal respect for judicial proceedings regardless of political office or status.
Based on media reports, the PIL alleges that on April 27, 2026, Kejriwal publicly declared that he would not appear personally or through counsel before Justice Sharma in proceedings related to the excise policy case. The petition also refers to reports claiming that Sisodia and Pathak subsequently conveyed similar decisions to the Court.
The petitioner contends that although remedies such as appeals exist before higher courts, litigants cannot boycott court proceedings simply because they are dissatisfied with judicial outcomes.
It argues that such behaviour could set a harmful precedent and weaken public confidence in judicial institutions.
The petition further asserts that participation in judicial proceedings cannot be treated as discretionary or optional except where exemption is expressly granted by a competent court in accordance with law.
In its prayer clause, the petition seeks a writ directing the Election Commission to deregister the AAP. It also seeks directions to declare Kejriwal, Sisodia, and Pathak disqualified from contesting elections to Parliament or State Assemblies.
To support its case, the petitioner relies on various media reports annexed with the petition, including reports concerning the statements and letters allegedly issued by Kejriwal, Sisodia, and Pathak regarding proceedings before Justice Sharma.