AAP MLAs Disqualified By EC Restores Their Membership With Delhi HC Order

Mar 26, 2018, 00:41
AAP MLAs Disqualified By EC Restores Their Membership With Delhi HC Order

The Delhi High Court has given justice to the people of Delhi.

It may be noted that the High Court had reserved its judgment on February 28 after the MLAs and the Election Commission concluded their arguments.

"Truth has won. The representatives elected by the people of Delhi were dismissed in a wrong manner".

Sending the matter back to the poll panel to hear the complaint against the MLAs afresh, the court observed that the "opinion of the EC dated January 19 is vitiated and bad in law for failure to comply with the principles of natural justice".

The court also pointed out that Mr. Sunil Arora, who became a member of the Commission in September previous year, had not participated in any hearing or heard arguments in the reference, though he is one of the co-authors of the opinion given to the President.

"We demand that the 12 MLAs in Manipur should resign immediately, as also the 20 AAP MLAs in Delhi".

The Writ Petition was filed before the Hon' Delhi High Court against the President's approval of the recommendations of the Election Commission of India for the disqualification for holding Office of Profit. Of the 21, Jarnail Singh had resigned from the assembly to contest the Punjab elections.

"... Petitioners (that is AAP MLAs) were not given an opportunity to oral hearing before the opinion on merits was authored... and thus the principle of natural justice was violated..." The President had acted on the opinion, which is binding, given by the EC under A K Joti days before his retirement. No doubt the rules of natural justice have been upheld, but just like the AAP has made an absolute mockery of the laws, the BJP is flouting every rule in Manipur. During the arguments, the MLAs had requested the court to remand their case back to the poll panel with a direction to hear the matter afresh.

A single-judge bench of the high court had on 24 January directed the EC to maintain status quo on the disqualifications by withholding announcement of bypoll dates for the Delhi assembly seats that would fall vacant as a result. They had approached the high court challenging their disqualification after President Ram Nath Kovind gave his assent to the EC's recommendation.

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