AAP MLAS given hearing, no violation of natural justice: Election Commission to HC

NEWDELHI: The Election Commission of India (ECI) on Thursday told the Delhi High Court that the 20 disqualified AAP MLAS in an office-of-profit case were afforded ample hearing by it and there was no violation of the principle of natural justice as they had “willfully and deliberately” abstained from participating in the proceedings.

A bench of Justices Sanjiv Khanna and Chander Shekhar was informed by the Commis- sion that the MLAS were now taking a “vague defence” that they wished to adduce evidence in their support but had failed to do so when they were afforded the opportunity.

The poll panel submitted that the legislators had “willfully and deliberately” abstained from participating in the proceedings before the poll panel.

On the issue of recusal of then Election Commissioner OP Rawat, the ECI said it was necessitated after a statement made by Chief Minister Arvind Kejriwal questioning the former’s independence.

The Election Commission of India said it afforded the MLAS ample opportunity to come and participate in several hearings, which clearly demonstrated and proved that the principles of natural justice have been duly complied with and adhered to in the case.

“However, it’s a matter of fact that the MLAS herein gave only illusory responses, the ECI’S counsel Amit Sharma contended.

The counsel was responding to the claim of the AAP MLAS that they were held guilty of holding office-of-profit by the ECI without giving them an opportunity to explain their stand and flouted the principles of natural justice.

The ECI, however, said the defence of violation of principles of natural justice was not available to the MLAS in the present case.

It also said that no evidence was ever produced by the Chief Minister of Delhi either by himself or through the MLAS to the ECI regarding the allegations against Rawat.