Relief for N.Biren Singh Govt : Delhi High Court quashes Presidential notification disqualifying 20 AAP MLAs
Source: IT News / (With inputs from agency)

Imphal, March 23 2018: At what could be termed as a relief to the N.Biren Singh Government, the 20 AAP MLAs which has been disqualified by a Presidential order has been quashed by the Delhi High Court today.

Manipur Congress MLAs, however is not disappointed as the matter of AAP MLAs challenging the disqualification is somewhat different from the issues of the Parliamentary Secretary as, it is now against the impunity of passing repeal bill of the PS as well as for holding office of profit.

Agency report said that the Delhi High Court directed the Election Commission (EC) to hear the case again.

The President, on recommendation from the EC, had disqualified the MLAs "for holding office of profit." A bench, comprising Justices Sanjiv Khanna and Chander Shekhar, was hearing a petition filed by all the 20 MLAs, who had challenged the order saying "there was no communication to us (AAP MLAs) from the Election Commission (EC) about the hearing before it.

It is in complete violation of natural justice" .

The petition filed by AAP had added: "It is also that even a temporary government employer cannot be removed on the grounds of misconduct without holding a full-fledged inquiry.

However, in the present case, the members of the legislative assembly were removed without holding a full-fledged inquiry and without giving them an opportunity to explain if they ever held any office of profit" .

AAP convener and Delhi Chief Minister Arvind Kejriwal called the HC's order a victory for the people of Delhi.

President Ram Nath Kovind had ordered disqualification of the MLAs based on the recommendation of the Election Commission, which opined that they had "flouted the principles of natural justice" .

The office of profit case pertains to the appointment of the MLAs as Parliamentary Secretaries in the Arvind Kejriwal cabinet.

The appointment, however, was set aside by the Delhi High Court on September 8, 2016, on the basis that they were appointed without prior concurrence with the Delhi Lieutenant Governor.

Comment