Delhi high court division bench to Election Commission: File written reply on disqualified AAP MLAs’ plea by February 7 | India News
NEW DELHI: The division bench of the Delhi excessive courtroom (HC) right now ordered the Election Fee (EC) to file a written reply to 20 AAP MLAs’ plea in opposition to their disqualification and set February 7 as the subsequent date to listen to the case.
The Delhi HC division bench desires an in depth affidavit from the EC which states the factual points of its resolution.
Yesterday, the Delhi HC transferred to its division bench the plea of the AAP MLAs difficult their disqualification. The HC additionally prolonged its interim order to the EC to not difficulty any notification for bypolls in Delhi. The disqualification necessitates bypolls within the 20 Delhi constituencies the MLAs are from.
The courtroom’s path got here after advocate Prashant Patel, on whose plea the EC really useful disqualification of the legislators, moved an utility looking for switch of the matter to a division bench
The one-judge bench of Justice Vibhu Bakhru fastened the matter earlier than the appearing chief justice for Tuesday,
Final Wednesday, the Delhi HC refused to cross any interim order on staying the disqualification of 20 AAP MLAs for holding places of work of revenue.
The courtroom then ordered the EC to make no announcement in any way for bypolls in Delhi till the subsequent date of listening to of the AAP MLAs’ plea, which was right now. The excessive courtroom additionally summoned all of the data pertaining to the proceedings resulting in the advice of the EC to disqualify the 20 MLAs.
Final week, AAP legislators moved the Delhi HC in opposition to their disqualification, which President Ram Nath Kovind gave his assent to on January 21. Two days earlier than that, the EC despatched President Kovind its advice to disqualify the AAP MLAs for holding places of work of revenue.
5 of the previous AAP legislators argued of their plea that the EC had acted in “undue haste” , and with out “affording” and “giving any alternative of a good listening to” to the petitioners.
The ex-MLAs additional argued that the EC “didn’t observe due technique of legislation by not providing the petitioners a full listening to earlier than making the ultimate opinion to the President”. As nicely, the EC didn’t think about that “parliamentary secretary” was a “mere put up” and never an ‘workplace’.
“The holders of the put up are solely finishing up a further operate to help governance. They don’t have any govt powers and, therefore, are usually not answerable for decision-making, not like ministers,” the ex-legislators claimed.
AAP appointed 21 of its Delhi MLAs as parliamentary secretaries in 2015 quickly after it received a thumping majority within the Delhi Meeting polls. One of many 21 MLAs, Jarnail Singh, earlier already resigned.
The axed MLAs embrace Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar and Nitin Tyagi.