Poll body says AAP MLAS’ plea on disqualification not maintainable

NEWDELHI: The Election Commission has told the Delhi High Court that AAP MLAS’ plea seeking quashing of their disqualification from the Delhi Assembly for holding office of profit was “not maintainable” and can be “dismissed”.

A bench of Justices Sanjiv Khanna and Chander Shekhar was further told that the AAP MLAS have challenged the Election Commission’s recommendation, which is non-existent once President Ram Nath Kovind has taken a decision on it. The poll panel said that the MLAS have not challenged the President’s January 20 decision, by which its recommendation was accepted.

The commission was responding to the MLAS plea seeking quashing of the decision to disqualify them from the Delhi Legislative Assembly.

Earlier, the commission had told the court that it would rely upon the opinion it gave to the President to disqualify the 20 MLAS who were appointed as Parliamentary Secretaries. The HC had on January 24 refused to stay the Centre’s notification disqualifying t he MLAS, but restrained the EC from taking any “precipitate measures” such as announcing dates for by-polls.

Later on January 30, the court extended till February 7 the interim order restraining the EC from issuing any notification announcing by-elections to fill the vacancies of the 20 assembly seats. The EC also opposed the MLAS’ claim they were never afforded a hearing before the poll panel leading to the violation of the principle of natural justice.

“The ECI afforded the MLAS ample opportunity to come and participate in several hearings, which clearly demonstrates and proves that the principles of natural justice have been duly complied with and adhered to. However, it’s a matter of fact that the MLAS herein gave only illusory responses,” the commission said.