Logo

Logo

AAP’s ‘office of profit’ case: HC asks EC to state ‘facts’

The Delhi High Court on Tuesday asked the Election Commission of India (EC) to state the factual aspects behind its…

AAP’s ‘office of profit’ case: HC asks EC to state ‘facts’

Delhi High Court (Photo: Facebook)

The Delhi High Court on Tuesday asked the Election Commission of India (EC) to state the factual aspects behind its decision to disqualify the 20 AAP MLAs for holding ‘office of profit’, as Parliamentary Secretaries, by filing an affidavit.

A bench of Justices Sanjiv Khanna and Chander Shekhar asked the poll panel to file the affidavit after the EC said it wanted to respond to some of the allegations made in the MLAs’ pleas challenging their disqualification from the Delhi Assembly.

The poll panel also told the court that it would rely upon its opinion given to the President to disqualify the 20 AAP MLAs who were appointed as Parliamentary Secretaries.

Advertisement

After the brief proceedings, the court listed the matter for further hearing on 7 February  by when the MLAs have to file their responses to the EC affidavit.

The court also extended till then the 24 January interim order of the single judge restraining the EC from issuing any notification announcing by-elections to fill the vacancies of the 20 Assembly seats whose legislators have been disqualified.

The matter was transferred to a division bench on Tuesday after advocate Prashant Patel, on whose plea the EC had recommended the MLAs disqualification which received the presidential nod, moved an application for transfer of the matter to a division bench.

Last week, eight AAP MLAs had moved to HC, challenging the disqualifying notification. Eight of the disqualified MLAs had filed three petitions challenging the EC’s order.

Out of 20 disqualified MLAs, eight legislators had filed three separate petitions challenging the EC’s order. One petition was filed by AAP legislator Alka Lamba; second by Rajesh Rishi along with Som Dutt; and the third by MLAs Kailash Gehlot, Madan Lal, Sharad Kumar, Nitin Tyagi and Sarita Singh.

The Delhi High Court on Monday will hear the pleas of Aam Aadmi Party (AAP) legislators, who were disqualified from Delhi Assembly by Election Commission of India for allegedly holding ‘office of profit’.

As per reports, Justice Vibhu Bakhru, while hearing the pleas filed by 8 disqualified AAP MLAs, had earlier sought the response of the EC and the Centre in connection with the case. “We will conduct the hearing on Monday and till then you (EC) will not issue any further orders regarding this issue. Do not precipitate the situation,” Justice Bakhru had said.

Earlier, the High Court had restrained the EC from passing any further order on the case, hereby ruling out by-election in Delhi, till the final order is released.

Also read | AAP MLAs’ disqualification: Timeline

On 19 January, in a major setback to Arvind Kejriwal-led Aam Aadmi Party, Election Commission of India had recommended disqualification of its 20 MLAs for holding ‘profit of office’.

In its opinion which was sent to President of India Ram Nath Kovind, the poll panel suggested that the MLAs were “unconstitutionally” appointed as parliamentary secretaries to various Delhi ministers, therefore they are liable for disqualification.

On 21 January, President Ram Nath Kovind’s approved the EC’s opinion on disqualifying 20 legislators AAP for holding ‘office of profit’.

After Kovind’s approval AAP has been reduced 46 seats in the Delhi Assembly.

(With agency inputs)

Advertisement