HC restores 20 disqualified AAP MLAs' membership

AAP MLAs disqualification

Delhi High Court gives justice to people of Delhi.

An elated chief minister Arvind Kejriwal said it is the victory of truth.

The Commission reported that these MLAs occupied the respective posts of parliamentary secretaries between March 13th, 2015 and September 8th, 2016, held the office of profit, and were liable to be disqualified as legislators.

In such circumstances, the EC claimed in its opinion to the President, there is no doubt over the fact that such a large scale appointment of Parliamentary Secretaries had "not only jeopardised" the functioning of these individual MLAs but also the entire Assembly. The elected representatives of Delhi were disqualified wrongfully.

The court said "this argument of the EC is untenable". However, the Election Commission had not done so.

The party also cited the example of former Congress President Sonia Gandhi, who had resigned when the office of profit controversy broke out and had fought again to win the election.

The judgement was read out by justice Sanjiv Khanna in a jam-packed courtroom, after which the jubilant AAP MLAs, who were present there, congratulated each other.

The Court in its judgment passed the writ of certiorari and set aside the order for disqualification. No doubt the rules of natural justice have been upheld, but just like the AAP has made an absolute mockery of the laws, the BJP is flouting every rule in Manipur.

President Ram Nath Kovind, as he is bound by the law, accepted the poll panel recommendation on January 20.

The MLAs were disqualified for holding offices of profit.

Earlier on January 22, the MLAs withdrew their plea from the High Court that they had filed on January 19 after the EC's recommendation.The Delhi High Court, on that date, refused to pass any interim order of protection to those MLAs.

"Accordingly, writ of certiorari is issued quashing the opinion. and the consequent order/notification dated January 20, 2018, for violation of principles of natural justice, namely, failure to give oral hearing and opportunity to address arguments on merits of the issue whether the MLAs had incurred disqualification", the court said.

"If small States are blackmailed, then the federal structure will be completely destroyed", he added.