Delhi HC cancels disqualification of 20 AAP MLAs

24 March, 2018, 16:52 | Author: Tina Rodriquez
  • Delhi HC cancels disqualification of 20 AAP MLAs

AAP said the EC's decision to disqualify 20 of its MLAs was a serious attempt to dislodge an elected government and demanded that the election commissioners either "resign" or "apologise" for it.

The Delhi High Court on Friday (March 23) set aside the EC recommendation to disqualify 20 AAP MLA in connection to the Office of Proft case.

According to the sources, other facilities, which are provided to MLAs, have also been stopped to these 20 AAP MLAs by the Assembly Secretariat."The salaries of 20 MLAs, who had been disqualified by the Election Commission (EC), have been stopped".

He refused to say anything further, noting that the poll panel does not comment on a court order.

Functus officio refers to an officer or agency whose mandate has expired.

He said the EC's decision to disqualify the AAP MLAs was risky for the entire country.

"Once the opinion and notification are set aside, proceedings before the EC would continue from the stage the error and lapse had occurred".




"If the contention of the ECI is to be accepted, it would result in an incongruous situation, as the reference remains unanswered and has to be decided".

"The President need not make a fresh reference". The President had acted on the opinion, which is binding, given by the EC under A K Joti days before his retirement.

"Truth has won... Delhi high court has given the people of Delhi justice...", Kejriwal said on Twitter. The matter has been sent back to ECI, said media reports.

In January, President Ram Nath Kovind, on the recommendation of the Election Commission, had disqualified 20 AAP MLAs for allegedly holding office of profit.

The last time this came to pass in 1991 when the commission disqualified Janata Dal leader Ramakrishna Hedge for holding an office-of-profit as deputy chairman of the Planning Commission. They had submitted, "It is also that even a temporary government employer can not be removed on the grounds of misconduct without holding a full-fledged inquiry".

The Delhi High Court on Friday asked why the Election Commission had not informed the AAP MLAs, facing disqualification proceedings, about the decision of one of the then commissioners, O.P. Rawat to rejoin the Presidential reference proceedings after his recusal earlier past year. The law bars elected representatives from holding offices-of-profit during their tenure.

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