Four AAP MLAs move HC for relief
New Delhi, Feb. 7: Four more AAP MLAs on Wednesday moved the Delhi high court against their disqualification as legislators for holding offices of profit, claiming “defects” in the Election Commission’s recommendation to the President. Their pleas came up for hearing before a bench of Justices Sanjiv Khanna and Chander Shekhar which issued notice to the EC seeking its response to the MLAs’ petitions. Advocate Amit Sharma, appearing for the EC, informed the court that the commission would not file a fresh reply and would go by the affidavit already filed with regard to the other eight AAP MLAs’ plea challenging their disqualification.
The AAP MLAs contended the poll panel had sent its opinion to President Ram Nath Kovind “flouting the principles of natural justice”.
“Principles of natural justice requires a fair opportunity of defence. They ( the petitioners) were not given a fair opportunity to defend themselves,” senior advocate Mohan Parasaran, appearing for some of the disqualified lawmakers, said.
He claimed there were procedural lapses as the EC decided against them without the required quorum. Parasaran claimed one of the EC members had initially recused himself from hearing the matter but joined at the time of passing of the order disqualifying 20 AAP MLAs for holding offices of profit as parliamentary secretaries.
The high court has decided to hear the MLAs’ appeal on a daytoday basis and refused to adjourn the matter, even when it was sought by the advocate for the legislators.