File Picture Courtesy : The Indian Express
The embattled Arvind Kejriwal-led Aam Aadmi Party government in Delhi has got a big relief from the Delhi High Court. It its ruling it restored membership of 20 disqualified AAP MLAs and referred the case back to the Election Commission (EC). The MLAs were disqualified for holding offices of profit.
The judgment was delivered by a bench of Justices Sanjiv Khanna and Chander Shekhar on the grounds that the lawmakers were not given proper hearing. The case has now been referred back to the poll panel for reconsideration.
“Opinion of the Election Commission of India is vitiated and bad in law for failure to comply with the principles of natural justice,” the order said.
As soon as the verdict came out Cm Arvind Kejriwal tweeted his reaction
सत्य की जीत हुई। दिल्ली के लोगों द्वारा चुने हुए प्रतिनिधियों को ग़लत तरीक़े से बर्खास्त किया गया था। दिल्ली हाई कोर्ट ने दिल्ली के लोगों को न्याय दिया। दिल्ली के लोगों की बड़ी जीत। दिल्ली के लोगों को बधाई। https://t.co/eDayHziHSn
— Arvind Kejriwal (@ArvindKejriwal) March 23, 2018
After High Court order, Election Commission will now re-hear office of profit case. High Court said violation of oral hearing norms by EC and failure to communicate that OP Rawat after recusing had rejoined proceedings were the reasons to quash the January 19 order.
The court further said there was a violation of natural justice.
In January, the President on recommendation of Election Commission had disqualified 20 MLAs of Aam Aadmi Party for holding office of profit.
The Election Commission had said the MLAs, by occupying the post of parliamentary secretaries between March 13, 2015 and September 8, 2016, held office of profit, and were liable to be disqualified as legislators.
