HC quashes presidential order disqualifying the legislators and refers the case to the poll panel
AAP MLAs Madan Lal Khufiya, Shivcharan Goel, Vijender Garg, Sharad Kumar Chauhan and others celebrate after Delhi HC restored the membership of 20 AAP MLAs in the office-of-profit case. Pic/PTI
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In a major relief to the Aam Aadmi Party (AAP), the Delhi High Court on Friday restored the legislatorship of 20 ruling party MLAs, who were disqualified for holding offices-of-profit. Setting aside the Election Commission (EC) recommendation disqualifying the MLAs, the court quashed the January 20 presidential order and referred the case back to the poll panel for a fresh hearing.
A division bench of Justice Sanjiv Khanna and Justice Chander Shekhar said the January 19 poll panel recommendation given to the President "is vitiated and bad in law for failure to comply with principles of natural justice". It said there was a "violation of natural justice and no oral hearing was given to the AAP MLAs before disqualifying them as legislators". The court had reserved its judgment on February 28 after the MLAs and the EC concluded their arguments. Delhi Chief Minister and AAP convenor Arvind Kejriwal described it as a victory for truth.
The MLAs were disqualified on charges of holding offices-of-profit because they were appointed parliamentary secretaries in March 2015. The Delhi government appointed 21 AAP MLAs as parliamentary secretaries to assist cabinet ministers and include more MLAs in governance work.
Lawyer and petitioner in the case Prashant Patel was the first to complain to then President Pranab Mukherjee that the MLAs holding the offices of parliamentary secretaries was in violation of the Constitution. Mukherjee referred the complaint to the EC.
MLAs to attend House proceedings
Delhi Assembly Speaker Ram Niwas Goel on Friday said he would allow the 20 AAP MLAs, embroiled in the office-of-profit controversy, to attend the ongoing Budget session in the wake of the high court setting aside their disqualification in the case.
It's a victory of truth: Kejriwal
"It is a victory of truth," Delhi Chief Minister Arvind Kejriwal on Friday said after the Delhi High Court set aside the Centre's notification disqualifying 20 AAP MLAs in an office-of-profit case. Deputy Chief Minister Manish Sisodia too welcomed the order as he joined the AAP legislators in thumping tables in the Delhi Assembly during its ongoing budget session. The MLAs shouted 'Bharat Mata Ki Jai' in the Assembly after the order. "It is a victory of truth. The high court has given justice to the people of Delhi. It is their victory," Kejriwal tweeted.
March 2015
The month they were appointed as parliamentary secretaries
Jan 19, 2015
The poll panel recommended the disqualification of the 20 AAP MLAs
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