New Delhi, Jan 24: The Delhi High Court Wednesday refused to stay the Centre’s notification disqualifying 20 AAP MLAs for holding offices of profit, but restrained the Election Commission (ECI) from taking any “precipitate measures” like announcing dates for by-polls till January 29.
Justice Vibhu Bakhru sought the response of the poll panel and the Centre on the AAP legislators’ pleas challenging their disqualification for holding offices of profit.
The HC summoned the records pertaining to the proceedings leading to the recommendation of the EC for 20 MLAs’ disqualification which received the President’s assent on January 20. The court said the matter required consideration, and hence would hear it daily from January 29 onwards.
The court’s interim directions came after senior advocate KV Vishwanathan, appearing for five of the 20 AAP MLAs, said in case the court does not stay the Centre’s notification, it should at least ask the EC to withhold the by-elections.
The counsel submitted that if the poll panel is not restrained, their purpose will be defeated. He also sought that the disqualified legislators be allowed to function as MLAs till a final order is passed on their pleas.
To this, advocate Amit Sharma, appearing for EC, said he did not see any reason to disturb the present position till the next date of hearing. “Nothing to happen between now and the next date of hearing,” the bench noted then.
The EC counsel also opposed the Delhi Government being arrayed as a party to the MLAs’ petition saying it had filed an application to implead before the poll panel which was dismissed.
He said the Delhi government has not challenged the EC’s order till date and hence the state has no locus standi to be added as a party here. He also said that this matter should be heard by the division bench. To this, the bench said it will look into this aspect at a later stage.
The petitions were filed by eight AAP MLAs challenging the Centre’s notification, disqualifying 20 of them for holding offices of profit.
Earlier in the day, the court had said it will hear the plea in the afternoon as it was unable to conduct hearings in other matters due to the crowd in the courtroom. The court was jampacked with 8 AAP MLAs, their supporters, counsel and some senior members of the party, besides scribes.
On January 19, the poll panel had recommended the disqualification of the 20 legislators, which was okayed by the President. The EC had made the recommendation while deciding a plea by advocate Prashant Patel, seeking disqualification of 21 AAP MLAs for holding the office of parliamentary secretaries, which he had said amounted to office of profit. Proceedings against Jarnail Singh were dropped after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.
PTI
