High court quashes Centre's decision of disqualifying 20 AAP MLAs calling it 'violation of natural justice'
The Aam Aadmi Party (AAP) hailed the high court's order of setting aside the disqualification of 20 of its MLAs in the office-of-profit case as "victory of truth" on Friday and demanded that the Election Commission (EC) chief either "resign" or tender an "apology" over the matter.
Minutes after the bench of justices Sanjiv Khanna and Chander Shekhar quashed the Centre's notification of disqualifying the AAP MLAs, saying the that there was a violation of "natural justice", Kejriwal took to Twitter to welcome the decision.
"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," the Chief Minister tweeted. Later in the evening, Kejriwal also held a meeting with party legislatures at his residence to discuss the future course of action.
Several party leaders targeted the former election commissioner A K Joti and alleged that his decision to disqualify the AAP MLAs was to please the Centre. "Mr AK Joti and his other two colleagues should introspect, should they not apologies and resign," senior party leader Ashutosh tweeted.
The AAP had appointed 21 of its legislators as Parliament Secretaries soon after sweeping the Delhi elections in 2015. Later on, a lawyer Prashant Patel had appealed to the President against the move alleging that it violated constitutional provisions and the President had sent the matter to the EC. The Constitution prohibits MPs and MLAs from holding any office of profit, which means accepting government positions that carry some financial remuneration or any other benefit.
In January, President Ram Nath Kovind, on the recommendation of the EC, had disqualified 20 AAP MLAs for allegedly holding office of profit. The party had then said that the decision was against the principles of natural justice and that they were not given a chance to present their case.
Calling it a "victory of Delhiites", Chandni Chowk MLA Alka Lamba said, "We were denied a natural justice and the high court has acknowledged it. It's a big victory for us and a blow for those who tried to topple our government. We will continue to serve the people of Delhi."
MLAs said that due to disqualification the development work affected in their respective constituencies. "Due to the disqualification, I could not become a part of the budgetary process of the government and works were affected," Lamba said.
"Development works were being affected in my constituency since my disqualification in the alleged office-of-profit case. Officers were not even picking up my phone," said Kondli MLA Manoj Kumar.
Meanwhile, Delhi Transport Minister Kailash Gahlot, who was also among the 20 disqualified MLAs, said, "If EC would give proper hearing to us, we would not need to move court."
Timeline
- Mar 13, 2015: The Arvind Kejriwal govt passes an order to appoint 21 MLAs as Parliamentary Secretaries
- Jun 19: The appointment is challenged by advocate Prashant Patel who seeks their disqualification with President Pranab Mukherjee
- Jun 24: Legislative Assembly passes the Delhi Member of Legislative Assembly (Removal of Disqualification) (Amendment Bill), 2015 excluding Parliamentary Secretaries from ‘Office of Profit’ with retrospective effect
- Jun 25: Centre returns 14 Bills passed by Delhi govt, including the Bill on Parliamentary secretaries
- Jul 14-21: EC gives hearing to 21 AAP MLAs
- Sept 8, 2016: EC issues a show cause notice to the AAP MLAs
- Jan 6, 2017: Jarnail Singh, AAP MLA from Rajouri Garden, resigns
- Jun 24: EC rejects pleas of AAP MLAs to drop ‘Office of Profit’ case
- Aug: The 20 AAP MLAs move HC against the EC’s order
- Oct 9: EC issues notice to AAP MLAs, seeks explanation
- Jan 19, 2018: EC recommends to President Ram Nath Kovind disqualification
- Jan 20: President Ramnath Kovind approves the EC’s recommendation of disqualifying 20 AAP MLAs
- Jan 24: MLAs moves HC seeking quashing of the decision
- Mar 23: The HC quashes notification that had led to the disqualification
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"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," the Chief Minister tweeted. Later in the evening, Kejriwal also held a meeting with party legislatures at his residence to discuss the future course of action.
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