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Delhi HC quashes presidential notification disqualifying 20 AAP MLAs

AAP MLAs outside High Court in New Delhi on Wednesday.   | Photo Credit: PTI

The Delhi High Court on Friday quashed the notification issued by President Ram Nath Kovind to disqualify 20 Aam Admi Party (AAP) MLAs following such a recommendation by the Election Commission of India (ECI) in the wake of the charge that they were holding office of profit as parliamentary secretaries.

A Bench of Justices Sanjiv Khanna and Chander Shekhar referred the matter back to the ECI to reconsider afresh the issue by giving them a proper hearing.

The court said the poll panel 's recommendaton on January 19 was vitiated because of the failure to give the MLAs an oral hearing or opportunity to address their argument on merits.

“Complete violation of natural justice”

The MLAs had told the court that the ECI recommendation to the President was in “complete violation of natural justice” as they were not given the opportunity to explain their stand before the poll panel.

Backing its recommendation, the ECI had submitted that the legislators cannot claim that they were not holding office of profit.

On January 24, the High Court refused to stay the notification but restrained the ECI from taking any “precipitate measures” such as announcing dates for bypolls to fill the vacancies.

“Truth has won,” tweeted Delhi Chief Minister Arvid Kejriwal. “The elected representatives of Delhi had been disqualified in an incorrect way. The Delhi High Court has given people justice.”


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Printable version | Jan 16, 2022 6:19:10 AM | https://www.thehindu.com/news/national/delhi-high-court-quashes-ec-recommendation-to-disqualify-20-aap-mlas/article23332504.ece

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