High court restrains EC from announcing bypolls
NEWDELHI: The Delhi High Court on Wednesday refused to stay the Centre’s notification disqualifying 20 Aam Aadmi Party (AAP) MLAs for holding office of profit, but restrained the Election Commission (EC) from taking any “precipitate measures”, such as announcing bypolls, till January 29.
Justice Vibhu Bakhru sought the response of the poll panel and the Centre on the AAP legislators’ pleas, challenging their disqualification for holding office of profit. The high court summoned the entire records pertaining to the proceedings leading to the recommendation of the EC for 20 MLAs’ disqualification which received the President’s assent on January 20.
The court said the matter required consideration, and hence it would hear it on a dayto-day basis January 29 onwards.It said the court will extend its direction restraining the EC from taking any “precipitate measures” if required.
“The EC should produce the record on or before the next date of hearing on January 29. Till next date of hearing, it will restrain itself from taking any precipitate measures like announcing by-election dates on the seats in question,” the judge said.
The court’s interim directions came after senior advocate K V Vishwanathan, appearing for five of the 20 AAP MLAs, said in case the court does not stay the Centre’s notification, it should at least ask the EC to withhold the by-elections. The counsel submitted that if the poll panel is not restrained, their whole purpose will be defeated.
He also sought that the disqualified legislators be allowed to function as MLAs till a final order is passed on their pleas. To this, advocate Amit Sharma, appearing for EC, said he did not see any reason to disturb the present position till the next date of hearing.
The EC counsel also opposed the Delhi government being arrayed as a party to the MLAs’ petition saying it had filed an impleadment application before the poll panel which was dismissed.