Office of profit: AAP MLAS can move EC to summon witnesses
NEWDELHI: The Delhi High Court on Thursday allowed the AAP MLAS to file an application before the Election Commission to summon the witnesses in connection to the office of profit case.
A bench of Justice Sanjiv Khanna and Justice Chandra Shekhar passed the “draft order” which would be finalised on Friday after both the parties give their assent.
The court’s draft order came while hearing a plea by some of the disqualified AAP MLAS, who had challenged the Election Commission of India’s order rejecting their request to crossexamine advocate Prashant Patel, the complainant in the office of profit case.
During the hearing, senior advocate appearing for the EC said that they would like to bring the matter to an end without any prejudice to rights and contention on office of profit.
He also stated that if required and necessary, the AAP lawmakers can file an application for summoning of witnesses which may be considered by them and examined on merits in accordance with law.
Following this, the court said that in view of the statement made by both the parties, it was inclined to dispose off the petition. “In case any fresh application is filed by the petitioner, it should be considered by the Election Commission of India in accordance with the law on merits,” the court said.
“We also want to clarify that the court has not expressed any opinion or view on the office of profit under the government and on the proceedings before the EC,” the bench added.