Delhi HC relief to 20 AAP MLAs

Satya Prakash

Tribune News Service

New Delhi, March 23

In a huge relief to 20 AAP MLAs, disqualified for allegedly holding “office of profit” as parliamentary secretaries, the Delhi High Court on Friday quashed the presidential notification disqualifying them and asked the Election Commission to give them a fresh hearing.

“The opinion of the Election Commission of India (given to the President of India) dated January 19, 2018, is vitiated and bad in law for failure to comply with the principles of natural justice,” said a Division Bench headed by Justice Sanjiv Khanna, setting aside the EC recommendation disqualifying the MLAs.

The HC had on January 24 refused to stay the Centre’s notification disqualifying them, but had restrained the election panel from announcing polls to fill the vacancies.

However, on Friday, it quashed the disqualification notification for “violation of the principle of natural justice, namely failure (of EC) to give an oral hearing and opportunity to address arguments on merits of the issue”. The matter will now be heard by the EC afresh.

The Bench asked the EC to “re-examine the factual matrix to decide whether the petitioners (AAP MLAs) had incurred disqualification on appointment as parliamentary secretaries, without being influenced by the earlier order or observations on the said aspect in this order.

The 20 MLAs were accused of holding “offices of profit”  as parliamentary secretaries to ministers in the Delhi Government in March 2015. 

EC not to challenge? 

New Delhi: The Election Commission indicated it was unlikely to challenge the HC order quashing its decision to disqualify 20 AAP MLAs. Chief Election Commissioner OP Rawat said the poll panel did not comment on a court order. Sources said the EC has in the past not appealed against any HC order related to a reference matter. PTI