Four more AAP MLAS move HC against disqualification

Four more AAP MLAS on Wednesday moved the Delhi High Court against their disqualification as Delhi Assembly legislators for holding offices of profit.

Their pleas came up for hearing before a bench of Justices Sanjiv Khanna and Chander Shekhar which issued notice to the Election Commission (EC) seeking its response on the MLAS’ petitions.

Advocate Amit Sharma, appearing for the poll panel, informed the court that the commission would not file a fresh reply and would adopt the affidavit already filed on the other eight AAP MLAS’ plea challenging their disqualification.

The counsel for the four AAP MLAS submitted that they would also adopt the rejoinder filed by one of the other eight MLAS in response to the poll panel’s affidavit. Taking note of this, the bench said the pleas of Naresh Yadav, Adarsh Shastri, Sanjeev Jha and Rajesh Gupta would be now heard along with the other eight AAP MLAS, which is scheduled for hearing on Wednesday itself.

The EC in its response filed last week told the high court that the pleas were not maintainable and were liable to be dismissed. It said the AAP MLAS have challenged the EC’S recommendation, which is non-existent once President Ram Nath Kovind has taken a decision on it. The eight MLAS, in their response to the EC affidavit, said the poll panel was acting like a private litigant and not behaving as a quasi-judicial authority.

Initially, the petitions were filed by eight AAP MLAS – Alka Lamba, Kailash Gahlot, Sharad Kumar, Madan Lal, Sarita Singh, Rajesh Rishi, Som Dutt and Nitin Tyagi.