Health Care

Delhi HC reinstates 20 AAP MLAs

Delhi HC reinstates 20 AAP MLAs

AAP leader Somnath Bharti said, "It's the victory of people of Delhi".

The Delhi government, led by Chief Minister Arvind Kejriwal, appointed the parliamentary secretaries attached to government ministries after coming to power in March 2015. "State of Assam, it is the law of the land that such laws appointing people as parliamentary secretaries is without legislative competence and therefore any person having held such position must be disqualified", she said. In September 2016, the Delhi High Court had ruled against their appointment as parliamentary secretaries, after hearing their pleas on a daily basis since 7 February.

"The elected representatives were wrongfully disqualified". However, the Election Commission had not done so.

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NEW DELHI:Former chief election commissioner A K Joti on Saturday said the Election Commission of India (EC) had given ample opportunities to the Aam Aadmi Party (AAP) MLAs to respond to its notice in their disqualification matter.

In its order dated July 23, 2017, the ECI, giving a lease of continuity to a case which had been languishing in its coffers for over two years, had remarked that it would continue hearing the office-of-profit case and would intimate the next date of hearing to the parties concerned.

As per the reports, the High Court said that the reasons behind quashing the order of January 19th are the violation of oral hearing norms by the Commission and failure to communicate that OP Rawat after recusing had rejoined proceedings. The court order is also being viewed in the political circles as a major victory for AAP.

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"There is a principle of natural justice".

President Ram Nath Kovind, as he is bound by the law, accepted the poll panel recommendation on January 20.

Bharadwaj blamed the Central Government for the disqualification, saying the poll panel was "acting on its whims and fancies". The President had acted on the opinion, which is binding, given by the EC under A K Joti days before his retirement.

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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.