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AAP MLA row: Party ready to go to 'people's court' & top 10 developments AAP must introspect: Office of profit fiasco has dented party's reputation EC disqualifies 20 AAP MLAs: All you need to know about 'Office of Profit' Office of profit case: No interim relief for AAP MLAs, HC seeks EC's stand -
In a major relief for the Aam Aadmi Party (AAP) and its convenor Delhi Chief Minister Arvind Kejriwal, the Delhi High Court on Friday set aside the disqualification of 20 AAP Members of Legislative Assembly (MLAs) and referred the matter back to the Election Commission (EC). On January 19, the EC had recommended that the AAP MLAs be disqualified for holding offices of profit as they had been appointed parliamentary secretaries to ministers in the Delhi government in March 2015. Two days later, President Ram Nath Kovind had approved the disqualification. The MLAs had then approached the Delhi High Court challenging their disqualification. During the arguments, the MLAs had told the court that EC's order disqualifying them for allegedly holding offices of profit was passed in "complete violation of natural justice" as they were not given an opportunity to explain their stand before the poll panel. In September 2016, the Delhi High Court had ruled against their appointment as parliamentary secretaries, after hearing their pleas on a daily basis since February 7. The high court had on January 24 refused to stay the Centre's notification disqualifying them but had restrained the poll panel from taking any "precipitate measures" such as announcing dates for by-polls to fill the vacancies. The relieved lawmakers are Kailash Gahlot, Naresh Yadav, Som Dutt, Praveen Kumar, Nitin Tyagi, Adarsh Shastri, Sanjeev Jha, Jarnail Singh, Sukhvir Singh, Madan Lal, Sarita Singh, Alka Lamba, Rajesh Rishi, Anil Kumar Bajpai, Manoj Kumar, Avtar Singh, Vijendar Garg Vijay, Rajesh Gupta, Sharad Kumar and Shiv Charan Goel. The office of profit petition was filed in the EC by Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party. Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls. The EC was of the "considered opinion" that the MLAs were "de facto" parliamentary secretaries from March 13, 2015, to September 8, 2016, when the high court had set aside the appointments by terming those unconstitutional. 1) Suspension of BJP's O P Sharma from Delhi Assembly revoked: The Delhi Assembly on Friday revoked suspension of BJP MLA O P Sharma, after a proposal moved by AAP MLA Jitender Singh Tomar was passed with voice vote. Sharma was suspended by the Speaker earlier this week for making alleged derogatory remarks in the House. Referring to the Delhi High Court order setting aside disqualification of 20 AAP MLAs in an office-of-profit case, Tomar said that today was a special day and that Sharma's suspension should be revoked. 2) Kejriwal says 'it is a victory of truth': Delhi Chief Minister Arvind Kejriwal on Friday said "it is a victory of truth" after the Delhi High Court set aside the Centre's notification disqualifying 20 AAP MLAs in an office of profit case. "It is a victory of truth. The elected representatives were wrongfully disqualified. The high court has given justice to the people of Delhi. It is their victory. Congratulations to the people of Delhi," Kejriwal tweeted. 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 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. 4) EC to hear AAP MLAs plea again: After the Delhi HC's relief to the party in the office of profit case, AAP leader Saurabh Bharadwaj told news agencies that the AAP MLAs were not given a chance "to put their point, so now the court has given them a chance to do that". The AAP leader added that the "EC would hear their plea again".
3) AAP MLAs shout 'Bharat Mata Ki Jai': The AAP MLAs shouted "Bharat Mata Ki Jai" in the Assembly after the order.
5) Petitioner in AAP MLAs case says 'no setback': Prashant Patel, the petitioner in the 20 AAP MLAs’ disqualification case, told news agencies that court "has said that this case will be reopened", adding that this was not a setback for him. "I had just raised a constitutional issue," said Patel.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, AAP on relief to AAP MLAs. #Delhi pic.twitter.com/WO7W12llyX
— ANI (@ANI) March 23, 2018
6) 20 AAP MLAs to attend Budget session: Delhi Assembly Speaker Ram Niwas Goel on Friday said he will allow the 20 AAP MLAs, embroiled in the office of profit controversy, to attend the ongoing Budget session in the wake of the high court setting aside their disqualification in the case. A Bench of Justices Sanjiv Khanna and Chander Shekhar said that the EC's recommendation was bad in law and remanded their plea back to the poll panel, which will hear it afresh. 7) Delhi HC says EC 'violated natural justice': Terming the EC's recommendation on disqualification as "vitiated", the Bench said that there was violation of natural justice and no oral hearing was given to the MLAs before disqualifying them as legislators of the Delhi Assembly. 8) HC asks EC to 're-examine the factual matrix': In its 79-page order, the Bench said that the opinion of the EC was quashed for "violation of principle of natural justice namely failure to give oral hearing and opportunity to address arguments on merits of the issue". "The order of remand is passed to the Election Commission of India to hear arguments and thereafter decide all the important and seminal issues, like what is meant by expression office-of-profit held under the government...," the court said. It asked the EC to "re-examine the factual matrix to decide whether the petitioners (AAP MLAs) had incurred disqualification on appointment as parliamentary secretaries, without being influenced by the earlier order or observations on the said aspect in this order". 9. MLAs approached HC challenging disqualification During the arguments, the MLAs had requested the court to remand their case back to the poll panel with a direction to hear the matter afresh. They had approached the high court challenging their disqualification after President Ram Nath Kovind gave his assent to the EC's recommendation. Backing its recommendation to the President for AAP MLAs' disqualification, the poll panel had submitted that the legislators cannot claim that they were not holding office-of-profit. It had also claimed that their pleas were not maintainable and were liable to be dismissed.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 #Delhi pic.twitter.com/Ka5tLfGzL3
— ANI (@ANI) March 23, 2018
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