In what could be termed as a ‘setback’ to the ruling Aam Aadmi Party (AAP), the Delhi High Court on Friday refused to pass any interim order of protection to AAP MLAs, whose names have been recommended for disqualification as legislators by the Election Commission of India (ECI) for holding office of profit.
The High Court asked the ECI to inform it by January 22 whether any final communication has been sent to President Ram Nath Kovind on the disqualification of the MLAs.
Justice Rekha Palli made it clear that she was not inclined to pass any order or issue notice and asked the ECI to clarify the queries raised by her.
During the brief hearing, Justice Palli questioned the conduct of the AAP MLAs before the ECI and said they did appear before the poll panel taking shield of the fact that their pleas were pending in the high court.
It may be noted that 20 AAP MLAs had filed an application in the pending petition before the court in which they had challenged the ECI’s stand to examine a petition against them.
Hours after the ECI recommended their disqualification, the affected MLAs mentioned the application before a bench headed by Acting Chief Justice Gita Mittal for urgent hearing, which was listed before Justice Palli.
Earlier in the day, the ECI had recommended to the President the disqualification of 20 AAP MLAs for allegedly holding offices of profit.
In its opinion sent to the President, the ECI said by being parliamentary secretaries, they held office of profit and were liable to be disqualified as MLAs of the Delhi Assembly. The petition before the EC was filed by one Prashant Patel against 21 MLAs who were appointed as parliamentary secretaries by the AAP Government in Delhi.