In a big relief to AAP, Delhi HC quashes office of profit case

SansadTV Bureau
New Delhi: Aam Aadmi Party MLAs celebrate after Delhi High Court restored the membership of 20 AAP MLAs in the office of profit case, at Delhi High Court, March 23, 2018. PTI

New Delhi: Aam Aadmi Party MLAs celebrate after Delhi High Court restored the membership of 20 AAP MLAs in the office of profit case, at Delhi High Court, March 23, 2018.
PTI

Sitting on a keg facing disqualification of 20 MLAs in the office of profit case, the Aam Aadmi Party on Friday got a major reprieve by Delhi High Court. The court, while setting aside the disqualification also directed the Election Commission (EC) to hear the matter afresh.

A bench of justices Sanjiv Khanna and Chander Shekhar said that the Centre’s notification disqualifying the AAP MLAs was bad in law and remanded their plea back to the ECI.

Terming the EC’s recommendation on disqualification as “vitiated”, the bench said that there was violation of natural justice and no oral hearing was given to the MLAs before disqualifying them as legislators of the Delhi Assembly.

“Opinion of 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 principles of natural justice,” the court said.
An elated Chief Minister Arvind Kejriwal said it is a victory of truth.

Reacting on the High Court judgment, elated Delhi Chief Minister and AAP supremo Arvind Kejriwal termed it a victory of the people of Delhi.

“The elected representatives were wrongfully disqualified. The high court has given justice to the people of Delhi. It is their victory. Congratulations to the people of Delhi,” he tweeted.

The High Court in its order also 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.

The MLAs, who were appointed parliamentary secretaries, had challenged their disqualification for holding office-of-profit.

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. They had approached the high court challenging their disqualification after President Ram Nath Kovind gave his assent to the EC’s recommendation.

The MLAs are accused of holding offices of profit, as they were appointed parliamentary secretaries to ministers in the Delhi government in March 2015. This was soon after they were elected to the Delhi Assembly.

In September 2016, the Delhi High Court had ruled against their appointment as parliamentary secretaries, after hearing their pleas on a daily basis since February 7.

The high court had on January 24 refused to stay the Centre’s notification disqualifying them, but had restrained the poll panel from taking any “precipitate measures” such as announcing dates for by polls to fill the vacancies.

The EC had on January 19 recommended the disqualification of 20 AAP MLAs – Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gahlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar, Nitin Tyagi and Jarnail Singh. The president had accepted the EC’s opinion the next day.

(With inputs from PTI)