No by-polls in Delhi until AAP MLAs case is heard: Delhi High Court tells EC
NEW DELHI : In a relief to the Aam Aadmi Party (AAP), the Delhi High Court today ruled that no by-polls will be held in the national capital until the hearing in the case regarding the disqualification of 20 AAP MLAs by the Election Commission for holding office of profit is over.
The Delhi High Court issued notices to the Election Commission and the Centre, and adjourned the matter for Monday after stating that any notification for bypolls cannot be issued till the matter is heard properly.
The Delhi High Court was hearing a petition filed by eight AAP MLAs against their disqualification for holding office of profit, which the party has called “vendetta politics” by the BJP.
Justice Vibhu Bakhru, however, refused to stay the President’s notification which had disqualified the legislators. “Don’t take precipitative steps that will aggravate the situation,” the judge told the poll panel on issue of announcement of by-election for the 20 assembly seats.
The court said it will give a detailed hearing on Monday on the grievances forwarded by eight AAP MLAs. The disqualified legislators have contended that there was “gross and serious” violations of principle of natural justice as they were not given a hearing before the poll panel formed its opinion.
The court also refused to entertain the poll panel’s plea to let the case be heard by a bench comprising of two judges to save time on appeals. Under normal circumstances, once a single judge bench pass an order it can be challenged before a division bench of the high court.
The disqualified AAP MLAs withdrew their plea from the High Court on Monday challenging the poll panels recommendation to disqualify them in the office of profit case as it had become infructious or rendered ineffective.
On January 19, the Election Commission sent its opinion to the President saying that by being parliamentary secretaries, the AAP legislators held offices of profit and must be disqualified from the Delhi Assembly. Acting on the opinion, President Ram Nath Kovind on Sunday gave his assent for the disqualification of the MLAs.
The President is bound by the recommendation of the poll panel. If the President receives a petition seeking disqualification of lawmakers, he refers it to the EC. The poll panel takes a decision and sends its recommendation to the Rashtrapati Bhavan which is accepted.
The Delhi government, led by Chief Minister Arvind Kejriwal, had appointed the parliamentary secretaries attached to government ministries after coming to power in February 2015.
However, a constitutional clause prohibits legislators or parliamentarians from holding any position with monetary or other benefits. Known as office of profit, the clause is aimed at reducing conflict-of-interest situations for public representatives.
The Delhi government had claimed the appointments will facilitate a smooth functioning. It claimed that the secretaries would not receive any remuneration or perks from the government, so that the exchequer would face no additional burden.(with inputs from The Hindu).
