HC sets aside 20 AAP MLAs’ disqualification
Court says move was bad in law; plea sent back to EC
The Aam Aadmi Party (AAP) received a morale-boosting reprieve on Friday from the Delhi high court, which reinstated 20 MLAs of the party who had been disqualified through a presidential order on the recommendation of the Election Commission of India (ECI).
Disqualification of the members of the legislative assembly (MLAs), on grounds that they held an office of profit as parliamentary secretaries, was in violation of the “principle of natural justice,” a bench comprising justice Sanjiv Khanna and justice Chander Shekhar ruled.
The judges sent back the case to the ECI for a fresh hearing on all the “important” and “seminal issues” and to determine the meaning of the expression “office of profit held under the government”. “Order of remand is passed to the ECI to hear arguments and thereafter decide the all important and seminal issue; what is meant by the expression ‘office of profit held under the Government’ and re-examine the factual matrix to decide whether the petitioners had incurred dis- qualification on appointment as Parliamentary Secretaries, without being influenced by the earlier order or observations on the said aspect in this order,” the court said in a 79-page order.
The ruling was delivered on a bunch of appeals by the MLAs, who had challenged the ECI recommendation and the President’s approval of their disqualification from the Delhi Assembly.
Delhi CM and AAP’s convener Arvind Kejriwal, who met the 20 MLAs at his residence to congratulate them on their reinstatement, called the verdict a “victory of truth”.
The ECI will decide on its course of action after reviewing the court order, an official at the poll panel said on condition of anonymity. The petitioners contended that they were not given a proper oral hearing by the poll watchdog before it recommend their disqualification.
DELHI HIGH COURT Opinion of Election Commission of India (given to the President of India) is vitiated and bad in law for failure to comply with principles of natural justice.
The elected representatives were wrongfully disqualified. The high court has given justice to the people of Delhi. It is their victory. ARVIND KEJRIWAL, Delhi CM