Election Commission to examine HC order


Commission to examine order to ascertain whether it has been issued on retrospective basis.

The Election Commission, which is hearing a petition seeking the disqualification of 21 Aam Aadmi Party MLAs on office-of-profit charge, will examine the Delhi High Court order on Thursday, which set aside the legislators’ appointment as Parliamentary Secretaries.

The High Court issued the directive after the Delhi government’s counsel conceded that its March 13, 2015, order, appointing the AAP MLAs as Parliamentary Secretaries, was issued without taking into consideration the concurrence or views of the Lieutenant-Governor.

It is learnt that the Commission will examine the court order to ascertain whether it has been issued on a retrospective basis and if so, whether it will have any impact on the case before the EC.

However, while the EC is yet to take a final decision, an official said there is a greater likelihood of the court’s order not impacting the Commission’s proceedings as the issue before it is different from the one which was raised in the court.

The EC had earlier reserved its order on AAP’s plea that the second set of documents submitted by petitioner Prashant Patel is not maintainable. The Commission heard both sides, during which AAP MLAs’ representatives stressed that the documents later furnished by the petitioner need not be admitted, as the President had already sought the EC’s opinion on his first petition.

For his part, Mr. Patel has submitted that the documents later submitted by him were part of the original petition that has been admitted by the Commission, after it was forwarded by the President. The EC will fix the next date of hearing on the office-of-profit allegations in its order on the issue.

The Delhi government had earlier moved an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to protect the AAP MLAs from disqualification, with retrospective effect, for occupying additional posts. However, the President refused to give his assent.

The AAP MLAs and their party have said that they did not draw any pecuniary benefit from the post and therefore, theirs was not a case of office-of-profit.

Why you should pay for quality journalism - Click to know more

Related Topics Delhi
Recommended for you
This article is closed for comments.
Please Email the Editor

Printable version | Dec 15, 2019 11:30:31 PM |

Next Story