AAP MLA disqualification case: Election Commissioner Sunil Arora says Delhi High Court judgement should be complied with

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New Delhi | Updated: March 24, 2018 10:58:21 AM

After the Delhi High Court set aside the disqualification of 20 AAP MLAs in the office-of-profit case, Election Commissioner Sunil Arora expressed his view on the matter. Arora referred to the judgment that was passed on Friday and said that the court order should be complied with in “letter and spirit”.

After the Delhi High Court set aside the disqualification of 20 AAP MLAs in the office-of-profit case, Election Commissioner Sunil Arora expressed his view on the matter.After the Delhi High Court set aside the disqualification of 20 AAP MLAs in the office-of-profit case, Election Commissioner Sunil Arora expressed his view on the matter.

After the Delhi High Court set aside the disqualification of 20 AAP MLAs in the office-of-profit case, Election Commissioner Sunil Arora expressed his view on the matter. Arora referred to the judgment that was passed on Friday and said that the court order should be complied with in “letter and spirit”. While speaking to The Indian Express, Arora called it his personal view and said, “I haven’t gone through the complete full text of the court order, but my very clear view is that the directions of the honorable court should and shall be complied with in letter and spirit.” Arora added that the Election Commission’s legal department will be putting up the highlights of the judgment passed by the Delhi High Court in front of the full Commission as soon as possible.

It was on Friday when the Delhi High Court had restored the membership of 20 MLAs of the party. This comes as a big relief for the Aam Aadmi Party and Delhi CM Arvind Kejriwal. The AAP MLAs were disqualified by the EC and even a presidential notification was issued. As mentioned by the Delhi High Court, the EC’s opinion of the disqualification of AAP MLAs was ‘bad in law’.

The full Election Commission comprises of O P Rawat, the Chief Election Commissioner (CEC) and Ashok Lavasa Election Commissioner, and Sunil Arora himself. The trio has to take a collective view on the judgment passed by the Delhi High Court. Such a quashing by a high court of the EC’s opinion is not first in an office-of-profit case.

It was way back in the year 1991, the EC disqualified Janata Dal leader Ramakrishna Hedge. He was disqualified for holding an office-of-profit as deputy chairman of the Planning Commission. But in 1992, the Karnataka High Court came to rescue Hedge and quashed Hegde’s disqualification on the ground that he didn’t profit from the office. Hedge reportedly did not draw any salary from the post he held.

However, in the 20 AAP MLAs case, High Court did not quash the matter completely, and returned it to EC to take a look over and hear the case again.

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