Relief For AAP : Delhi HC Restores Membership of 20 Disqualified MLAs, Case in EC’s Door Again

File Picture Courtesy : The Indian Express

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


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.

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