While the Delhi BJP chose to interpret the High Court’s decision in the case of 20 disqualified Aam Aadmi Party (AAP) MLAs as proof that the independence of the judiciary was intact, the Congress said it was only “partial relief for the time being”.
The Communist Party of India (Marxist), however, welcomed the decision saying it was a decision based on the “intent to keep the democratic framework of the country intact”.
The HC on Friday set aside the Election Commission’s (EC) decision to disqualify the 20 AAP MLAs in question in the office-of-profit case and directed the poll body to hear the matter afresh.
Terming the Commission's recommendation “vitiated”, the Court said that there was violation of natural justice and no oral hearing was given to the MLAs before disqualifying them as legislators of the Delhi Assembly.
“It [the verdict] is a unique proof of the independence of the judiciary and freedom in Indian democracy. We welcome the directions in this matter like we have in light of similar decisions in the past. The Election Commission should definitely give a proper re-hearing to the MLAs but simultaneously we should note that the court has not absolved the MLAs from the charge of being beneficiary of office of profit,” said BJP Delhi chief Manoj Tiwari.
‘No need to get elated’
Delhi Congress chief Ajay Maken said there was “no need for the 20 AAP MLAs to get elated” as the court order has given only “partial relief”. He added that the HC had not “disputed the merit” of the case that “lakhs and crores of rupees had been spent by the AAP government on these MLAs in perks, as that of a Minister.”
“The High Court has only remanded back the case to the EC for a final hearing and not set aside the President’s order as such, to give another chance for hearing to the 20 MLAs. This is a limited order by the High Court,” Mr. Maken noted.
‘BJP guilty too’
Meanwhile, the central leadership of the Congress said the AAP MLAs, by continuing in their position, violated an earlier Supreme Court judgment
The party also said that the BJP too is “guilty” of violating the same judgment in Manipur.
“We respect the Delhi High Court judgement but we think AAP MLAs have violated the Supreme Court ruling on Bimolangshu Roy vs State of Assam verdict that spelled office of profit,” said Sushmita Deb, Congress Lok Sabha MP who is also a lawyer.
’”We think the BJP is guilty too, or what we think is guilty, of violating the apex court’s order. In Manipur, 12 MLAs are holding office of profit. We think the right way is to resign and get re-elected,” she added.
