In a big relief for Arvind Kejriwal-led Aam Aadmi Party, the Delhi High Court today restored the membership of 20 MLAs of the party. The MLAs were disqualified by the Election Commission and a presidential notification was also issued. But the high court order comes as a relief for the AAP. As per reports, the high court said that the disqualification of AAP MLAs was bad in law.
The high court has asked the Election Commission to hear the case of office of profit against the MLAs afresh.
Reacting on the Delhi High Court order, AAP MLA Saurabh Bhardwaj said, “MLAs were not given a chance to put their point, so now the court has given them a chance to do that. The EC will hear their plea again.”
According to ANI, the Delhi High Court said that violation of oral hearing norms by Election Commission and failure to communicate that OP Rawat, after recusing, had rejoined proceedings were the reasons to quash the January 19 order.
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
दिल्ली हाईकोर्ट ने राष्ट्रपति की याचिका को खारिज करते हुए 20 ‘आप’ विधायकों की सदस्यता को बहाल कर दिया है!
सत्यमेव जयते! pic.twitter.com/xZ2W2Z7r3A
Prashant Patel, petitioner in the case said: “The court has that this case will be reopened. I had just raised a constitutional issue, there is no setback for me.”
Congress leader, Ajay Maken expressed his discontent and said: “This is not a victory of truth, if Kejriwal would have resigned that day then it would have been the victory of truth.”
— AAP (@AamAadmiParty) March 23, 2018
The Election Commision on January 19, recommended to the President of India Ram Nath Kovind the disqualification of 20 of AAP MLAs for holding the office of profit. In its opinion sent to President Kovind, the EC said the MLAs, by occupying the post of parliamentary secretaries between March 13, 2015 and September 8, 2016, held the office of profit and were liable to be disqualified as legislators.
The 20 disqualified MLAs who have been restored include Adarsh Shastri (Dwarka), Alka Lamba (Chandni Chowk), Anil Bajpai (Gandhi Nagar), Avtar Singh (Kalkaji), Kailash Gahlot (Najafgarh) – who is also a minister – Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura).
The petition was filed against 21 MLAs but with Jarnail Singh (Tilak Nagar) resigning from the constituency to contest in the Punjab assembly elections.