The Delhi High Court on Friday asked why the Election Commission had not informed the AAP MLAs, facing disqualification proceedings, about the decision of one of the then commissioners, O.P. Rawat to rejoin the Presidential reference proceedings after his recusal earlier last year.
A Bench of Justices Sanjiv Khanna and Chander Shekhar remarked that the AAP MLAs should have been informed and told that Mr. Rawat had agreed to rejoin and participate.
MLAs in dark
“We would unhesitatingly and without any reservation hold that the rejoining or withdrawal of recusal by Mr. O.P. Rawat should have been communicated and informed to the petitioners,” the bench said.
“This would have materially affected the response and reply of the petitioners…There is also difference between recusal and re-joining on withdrawal of the recusal. These were two separate stages and have different connotations and consequences,” the bench pointed out.
On April 19 last year, Mr. Rawat has recused himself from the reference proceedings after Delhi Chief Minister and party leader Arvind Kejriwal questioned his independence.
He later re-joined the reference proceedings on September 22, 2017. Mr. Rawat became the Chief Election Commissioner in January this year.
“No one can act in a judicial capacity if his previous conduct gives ground for believing that he cannot act with an open mind and impartially,” the Bench said.
