New Delhi, Mar 23 (UNI) Delhi High Court on Friday ordered the restoration of membership of the legislature of 20 Aam Aadmi Party MLAs, indicted by the Election Commission, on charges of holding office of profit.
The MLAs were arraigned for holding offices of profit by virtue of their appointment as Parliamentary Secretaries.
'Truth has won. The representatives elected by the people of Delhi were dismissed in a wrong manner. Delhi
HC has given justice to the people. It’s a big victory for the people of Delhi. Congratulations,' Chief Minister
Arvind Kejriwal tweeted.
The directive was issued by a bench of Justices Sanjeev Khanna and Chandrashekhar.
Lawyer and petitioner, Prashant Patel, 'The court has said this case will be reopened. I had just raised a constitutional issue, there is no setback for me.'
Looking back:
On January 21, 20 MLAs of the party were disqualified in the office-of-profit case after President Ram Nath Kovind approved the EC’s recommendation in this regard.
The poll panel had contended that the MLAs had occupied the post of Parliamentary Secretaries between March 13, 2015 and September 8, 2016, so were holding the office of profit and were liable to be disqualified as legislators.
The EC will now re-hear the office of profit case.
Delhi Transport Minister and Najafgarh MLA, Kailash Gahlot and Chandni Chowk MLA Alka Lamba were among the AAP legislators whose membership was terminated.
Among the others were MLAs Nitin Tyagi (Laxmi Nagar), Sanjeev Jha (Burari), Adarsh Shastri (Dwarka), Jarnail Singh from Tilak Nagar and Jangpura's Praveen Kumar.
Anil Vajpayee, Gandhi Nagar representative, Avtar Singh from Kalkaji, Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Rajesh Gupta (Wazirpur), Rajesh Rishi from Janakpuri, Sarita Singh from Rohtas Nagar, Som Dutt from Sadar Bazar, Sharad Kumar (Narela), Shiv Charan Goel from Moti Nagar, Sukhbir Singh from Mundka, Rajinder Nagar's Vijender Garg were among the other disqualified lawmakers.
Win or loss?
Welcoming the judgement, AAP Rajya Sabha MP Sanjay Singh said that the EC decision was unjustified.
Party leader Ashutosh said the EC’s decision to disqualify the AAP MLAs exposed how low the authority could stoop.
Another AAP stalwart, Raghav Chadha said, 'Satyamev Jayate.'
Chandni Chowk MLA, Alka Lamba, observed, 'Natural justice was not done by the EC. The HC judgement is a lesson for the EC.'
In February 2015, the newbie Aam Aadmi Party had swept to power, securing 67 out of 70 seats in the Delhi Assembly.
After becoming the Chief Minister, Mr Kejriwal had appointed the AAP MLAs as Parliamentary secretaries.
Prashant Patel had petitioned then President, Pranab Mukherjee, that 20 of the AAP legislators had occupied offices of profit. Mr Mukherjee referred the complaint to the Election Commission.
The High Court held that there was a violation of natural justice.
Election Commission had affirmed that the MLAs, by occupying the post of parliamentary secretaries between March 13, 2015 and September 8, 2016, held office of profit, and were liable to be disqualified as legislators.
Backlash:
Delhi Congress chief Ajay Maken said that he would again fight in the EC against the 20 AAP MLAs as they have enjoyed perks.
Mr Maken declared, 'We will fight it out in the EC again as these 20 MLAs have enjoyed perks.The High Court has not disputed or denied this.'
The city-state BJP chief Manoj Tiwari said the EC should give proper re-hearing to the 20 AAP MLAs in the case.
Mr Tiwari stated, 'The decision of the High Court directing the EC to hear again the petition of 20 MLAs involved in the matter of Office of Profit is a unique proof of the independence of judiciary and freedom in Indian democracy.
'We welcomed the directions in this matter of the Court and the Election Commission in the past. Similarly, we respect today’s decision. The EC should definitely give a proper re-hearing to the MLAs but simultaneously we should note that the HC has not absolved the MLAs from the charge of being beneficiary of Office of Profit.'
UNI XC-Team AR RP1927