Hindustan Times (Patiala)

HC sets aside 20 AAP MLAs’ disqualifi­cation

Court says move was bad in law; plea sent back to EC

- Richa Banka letters@hindustant­imes.com

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

 ?? SONU MEHTA/HT PHOTO ?? AAP MLAs Alka Lamba and Rajesh Rishi celebrate after the high court order in New Delhi on Friday.
SONU MEHTA/HT PHOTO AAP MLAs Alka Lamba and Rajesh Rishi celebrate after the high court order in New Delhi on Friday.

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