AAP MLAs disqualification: No interim stay on EC recommendation, HC to next hear matter
AAP MLAs disqualification: No interim stay on EC recommendation, HC to next hear matter
The Delhi High Court on Friday did not grant any interim order on a plea of six Aam Aadmi Party MLAs seeking a stay on the Election Commission recommendation disqualifying its 20 MLAs. The court initially asked the counsel to find out whether any order of disqualification has been passed by the ECI. Coming down heavily over AAP’s conduct, the HC said that the party very conveniently says that the court ceased of the matter, however on Nov 21, the party did not ask for a stay. The Court said, “You cannot dictate terms to the EC.” The judge said, “I am not looking at the merit of the case but your conduct.” The bench headed by Justice Rekha Palli did not pass any order and granted time to Election Commission to take instructions as to whether the final communication has already been sent to the President regarding the disqualification. The court has now posted the matter for January 22. “This is unprecedented. The MLAs in question didn’t get a chance to present their case before the EC. In fact, we didn’t hear the news from the EC, but news channels,” AAP spokesperson Saurabh Bhardwaj said. In its opinion sent to President Kovind, the EC said by being parliamentary secretaries, they held office of profit and were liable to be disqualified as members of the Delhi Assembly. The President is bound to go by the recommendation of the Commission. In cases where petitions are made seeking disqualification of lawmakers, the president sends a reference to the EC which decides on the case by sending back its opinion. Meanwhile, regretting that the EC allowed “undue” adjournments of hearings of AAP MLAs, which “dearly cost” the people, Delhi BJP chief Manoj Tiwari said the party unit “stands prepared for elections any moment”. “We welcome the EC decision disqualifying 20 AAP MLAs. Arvind Kejriwal should take responsibility for the moral defeat and resign,” he said.