The Delhi High Court on Wednesday refused to stay President Ram Nath Kovind’s notification disqualifying 20 AAP MLAs for holding office of profit, but restrained the Election Commission (EC) from taking any “precipitate measures” like announcing dates for byelections till January 29.
Justice Vibhu Bakhru sought a response from the EC and the Centre on the plea by eight disqualified MLAs. “Don’t take precipitate steps that will aggravate the situation,” he told the EC, on the request of the former MLAs to keep in abeyance any notification for byelections to fill the seats vacated by them.
The court directed the EC to submit the entire records pertaining to the proceedings leading to the recommendation to the President before the next hearing on Monday.
The disqualified legislators have contended that there was “gross and serious” violation of the principle of natural justice as they were not given a hearing before the EC formed its opinion. They said the EC proceeded with forming an opinion against them despite a case pending in the High Court challenging the same.
On January 19, the EC sent its opinion to the President, saying that by being Parliamentary Secretaries, the AAP legislators held offices of profit and must be disqualified from the Assembly.
Acting on the opinion, the President on Sunday gave his assent for their disqualification. Mr. Kovind is bound by the EC’s recommendation.
