Why were 20 AAP MLAs notheard, High Court asks EC

Leaders contended that they were not given oral hearing

The Delhi High Court on Thursday questioned the Election Commission of India as to why it did not give the 20 AAP leaders a hearing before forming an opinion to disqualify them for holding office of profit as parliamentary secretaries.

‘Show rule’

“Why didn’t you give an opportunity for this [hearing]? What was the need for this?,” a Bench of Justice Sanjiv Khanna and Justice Chander Shekhar said asking the counsel for the poll panel to show the rule which stated that the leaders did not need any hearing.

Twenty former AAP legislators had contended that the election commission did not gave them an oral hearing when they were considering the President’s representation on whether they had held office of profit.

The poll panel’s counsel argued that the question of oral hearing did not arise as the AAP leaders had already submitted in written defending their case.

“Denial of oral hearing will not tantamount to violation of principal of natural justice particularly when the right to representation has been met with [in the form of written submission],” the Commission’s counsel said adding that “right to oral hearing not one of the tenants of principal of natural justice”.

The Commission said ample hearing was afforded to the AAP leaders and there was no violation as they had “wilfully and deliberately” abstained from participating in the proceedings.

The Bench also asked if there was any law preventing or allowing one of the election commissioners to rejoin the enquiry once he has rescued himself from the case. It has posted the case for further hearing on Monday.

The HC had on January 24 refused to stay the Centre’s notification disqualifying the MLAs, but restrained the Commission from taking any “precipitate measures” such as announcing dates for bypolls to fill the vacancies.

The Delhi government, led by CM Arvind Kejriwal, appointed the parliamentary secretaries attached to the ministries after coming to power in March 2015.

Office of profit

However, a constitutional clause prohibits legislators or parliamentarians from holding any position with monetary or other benefits. Known as office of profit, the clause is aimed at reducing conflict of interest situations for public representatives.