AAP MLA’s disqualification plea LIVE UPDATES: CM Arvind Kejriwal expressed his solidarity with the court and truth. (Express Photo by Gajendra Yadav)
In a big relief for the Aam Aadmi Party, The Delhi High Court on Friday quashed the presidential notification to disqualify 20 MLAs in the office of profit case. The court, restoring their membership, said that the MLAs were not given a proper hearing by the Election Commission and referred the case back to ECI for reconsideration.
President Ram Nath Kovind had ordered disqualification of the MLAs based on the recommendation of the Election Commission, which opined that they had “flouted the principles of natural justice”.
Calling Delhi high Court’s order a victory for the people of Delhi, Chief Minister Arvind Kejriwal tweeted: “Satya ki jeet hui. Delhi ke logon dwara chune huye pratinidhi ko galat tareeke se barkhaast kia gaya tha. Delhi HC ne Delhi ke logon ko nyaay diya. Delhi ke logon ki badi jeet. Delhi ke logon ko badhai (Truth has won. Elected representatives of Delhi were wrongly dismissed. Delhi High Court has given justice to the people of Delhi. This is a big victory for the people of Delhi and I congratulate them).” Also Read | What is Office of profit case
The Election Commission today indicated it is unlikely to challenge in the Supreme Court the Delhi High Court order quashing its decision to disqualify 20 AAP MLAs for holding office of profit, saying there was no precedent for the poll panel to do so.
Delhi BJP chief Manoj Tiwari said, "The Election Commission should definitely give a proper re-hearing to the MLAs, but it should be noted that the court has not absolved the MLAs from the charge of having benefited from holding office of profit."
"We welcomed the directions of high court and the Election Commission in the past. Similarly, we respect today's decision. It is a unique proof of the independence of judiciary and freedom in the Indian democracy," he said.
The Delhi BJP was at the forefront of demanding the disqualification of the AAP MLAs for holding the post of parliamentary secretaries to ministers of the party's government.
The Delhi BJP was at the forefront of demanding the disqualification of the AAP MLAs for holding the post of parliamentary secretaries to ministers of the party's government.
The Delhi BJP put up a brave face today, saying it respects the high court's order setting aside the disqualification of 20 AAP MLAs in the office-of-profit case, and asserted it was a "unique proof" of the independence of the judiciary.
Chief Election Commissioner OP Rawat said, "The commission does not comment on the court's order. However, we will seek a copy of the order, study it and follow whatever it states." (Source: ANI photo)
Saurabh Bharadwaj said, “In the entire country, it will be a big thing for small parties that the conspiracies of Centre, which is drunk on arrogance and is trying to crush them, can stop.”
Another AAP MLA, Anil Bajpai, said the truth has prevailed, welcoming the high court order. "If there had been a proper hearing by the Election Commission, the order of court would not have come," Bajpai said.
Transport Minister Kailash Gahlot, who had also been disqualified, said: "We had complete faith in the judiciary from day one. If EC would give proper hearing to us, we would not need to move to court."
The Chandni Chowk MLA, Alka Lamba, said that due to her disqualification, she could not become a part of the budgetary process of the government and works were affected.
Kondli MLA Manoj Kumar said: "Development works were being affected in my constituency since my disqualification in the alleged office-of-profit case. Officers were not even picking up my phone."
Most of the MLAs alleged that Delhi government officers did not take their phone-calls since their disqualification on January 20. Out of the 20 Aam Aadmi Party MLAs, about 10 legislators attended the House proceedings today and said they had complete faith in the judiciary. They added that had the poll panel given them a proper hearing, there would have been no need to approach the court.
The AAP MLAs, who had been disqualified following the EC's recommendation for holding the office-of-profit, said today that the development work will speed up in their respective constituencies after the Delhi High Court order.
The Delhi High Court has not revoked the order of 20 AAP MLAs disqualification, rather it has told Election Commission (EC) to hear the MLAs, since they claimed that they were not heard. EC can approach the Supreme Court and appeal: Subhash Kashyap, Constitution expert. (Source: ANI photo)
Meanwhile, a Delhi court has reserved its order on framing of charge against Aam Aadmi Party lawmaker Alka Lamba, accused of allegedly trespassing and vandalising a shop in the city and obstructing the police from performing their duty in 2015.
AAP MLAs Nitin Tyagi and Alka Lamba were among the first to enter the House. As Tyagi entered the House, AAP legislators started chanting 'Bharat Mata ki Jai' and thumping desks. Soon, other AAP legislators joined their colleagues in the House.
Also Read | AAP ‘Office of Profit’ case: A timeline
Maken claimed that the AAP government itself had admitted before the Election Commission that a huge amount was spent on office, furniture, transportation and perks for these MLAs who worked as parliamentary secretaries.
The Congress today said it would fight the office-of-profit case involving 20 AAP MLAs in the Election Commission of India (ECI) again. Congress's Delhi unit president Ajay Maken tweeted, "We will fight it out in the Election Commission again as these 20 MLAs have enjoyed perks. HC has not disputed or denied this. The HC has just asked ECI to look at it again in the light of natural justice!"
AAP MLAs Alka Lamba, Nitin Tyagi enter House after Speaker allows their entry following HC order setting aside their disqualification.
CM @ArvindKejriwal is congratulating residents as Delhi High Court quashes opinion of Election Commission on 20 AAP MLAs who were disqualified, observes that principle of 'Natural Justice' not upheld, sets aside disqualification. pic.twitter.com/ipxNocDvAp— AAP (@AamAadmiParty) March 23, 2018
Aam Aadmi Party leader Ashutosh said the decision of the EC to disqualify the MLAs for allegedly holding office of profit was an attempt to hijack the mandate of the people.
“If the post of constitutional authority is occupied by pygmies then democracy won't be safe. The EC's decision was a serious attempt to dislodge a duly elected AAP government and an attempt to hijack the mandate of the people," he claimed.
“The EC's decision was not only constitutionally invalid but it also exposes how low the constitutional authority can stoop,” Ashutosh alleged.
Delhi Assembly Speaker says he will allow the 20 AAP MLAs to attend the House in wake of the HC order. The AAP MLAs present in the House welcomed the Speaker's decision by thumping the desks and chanted "Bharat Mata ki Jai".
Deputy Chief Minister Manish Sisodia too welcomed the order as he joined the AAP legislators in thumping tables in the Delhi Assembly during its ongoing Budget session. The MLAs shouted "Bharat Mata Ki Jai" in the Assembly after the order.
AAP MLAs celebrate outside the Delhi High Court in New Delhi on Friday. (Source: Express Photo by Abhinav Saha)
The court has said that this case will be reopened. I had just raised a constitutional issue, there is no setback for me: Prashant Patel, petitioner in the 20 AAP MLAs disqualification case. (Source: ANI photo)
MLAs were not given a chance to put their point, so now the court has given them a chance to do that. The EC will hear their plea again: Saurabh Bhardwaj (Source: ANI photo)
The office of profit case pertains to the appointment of the MLAs as Parliamentary Secretaries in the Arvind Kejriwal cabinet. The appointment, however, was set aside by the Delhi High Court on September 8, 2016, on the basis that they were appointed without prior concurrence with the Delhi Lieutenant Governor.
Read More | AAP disqualification plea: Delhi High Court quashes Presidential notification, asks EC to review its ‘office for profit’ order
AAP spokesperson Saurabh Bhardwaj said, “Now that disqualification has been struck down, we want that the MLAs come and join assembly proceedings today itself.”
The petition filed by AAP had added: “It is also that even a temporary government employer cannot be removed on the grounds of misconduct without holding a full-fledged inquiry. However, in the present case, the members of the legislative assembly were removed without holding a full-fledged inquiry and without giving them an opportunity to explain if they ever held any office of profit.”
A bench, comprising Justices Sanjiv Khanna and Chander Shekhar, was hearing a petition filed by all the 20 MLAs, who had challenged the order saying “there was no communication to us (AAP MLAs) from the Election Commission (EC) about the hearing before it. It is in complete violation of natural justice.” The MLAs retain their status in the House.
The Delhi High Court has quashed the presidential notification to disqualify 20 MLAs in the office of profit case. Follow our Live blog to get the latest updates.