Monday, 23 July, 2018

EC's Decision A Serious Attempt To Dislodge Elected Government: AAP

In the past two months since the disqualification the AAP had been in campaign mode — albeit quietly In the past two months since the disqualification the AAP had been in campaign mode — albeit quietly
Judith Alexander | 24 March, 2018, 16:51

It may be recalled that the 20 AAP MLAs were disqualified on charges of holding offices-of-profit because they were appointed Parliamentary Secretaries in March 2015.

"Accordingly, writ of certiorari is issued quashing the opinion. and the consequent order/notification dated January 20, 2018, for violation of principles of natural justice, namely, failure to give oral hearing and opportunity to address arguments on merits of the issue whether the MLAs had incurred disqualification", the court said. "It is their victory", Kejriwal tweeted.

Kejriwal said that Delhi High court has given justice to the people of Delhi.

While some have said that had the EC granted personal hearings to each MLA, doubts and questions would never have risen about the EC order, the former CEC pointed out that this avenue could possibly have been made available to the legislators if they had responded to EC communication. "So three interim orders were passed and almost two years given to the AAP MLAs - the case was referred to us by Rashtrapati Bhavan in December 2015", Joti added.

Eight of the 20 disqualified AAP MLAs had moved the high court on 23 January.

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Aam Aadmi Party leader Ashutosh said the decision of the poll panel to disqualify the MLAs for allegedly holding office of profit was an attempt to hijack the mandate of the people. At that time, the AAP government had emphasised that the disqualified MLAs will work as volunteers in their area. He said that the court has just asked the EC to look at the matter again in light of natural justice. The President had acted on the opinion, which is binding, given by the EC under A K Joti days before his retirement.

A bench of justices Sanjiv Khanna and Chander Shekhar kept its decision pending since 28 February, when it had reserved the judgement after the legislators, Election Commission of India (EC) and other parties had concluded their arguments. The matter has been sent back to ECI, said media reports. They had submitted, "It is also that even a temporary government employer can not be removed on the grounds of misconduct without holding a full-fledged inquiry".

The president had approved the EC's recommendation and ordered disqualification of the MLAs.

Earlier on January 22, the MLAs withdrew their plea from the High Court that they had filed on January 19 after the ECI's recommendation.

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