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Delhi High Court asks EC to state facts behind disqualification of AAP MLAs

On Monday, Justice Vibhu Bhakru had transferred the pleas of the MLAs to a division bench after the counsel appearing for Prashant Patel moved an application for transfer of the petitions to a division bench.

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The Delhi High Court on Tuesday asked the Election Commission (ECI) to file the factual aspects on which the 20 Aam Aadmi Party (AAP) MLAs were disqualified for holding the office of profit by the President on its recommendations.

The directions came from the bench of Justice Sanjiv Khanna and Justice Chander Shekhar after the EC counsel, Amit Sharma, told the court that they want to respond to some of the allegations levelled by the eight MLAs in their plea which sought the quashing of the President's order to disqualify them.

The hearing took place in two parts. In the first part, the court asked the petitioners to go through the synopsis submitted by the EC and take a call whether an affidavit was required. Following this, all the stakeholders went through the synopsis.

In the second part, the court remarked that the synopsis runs into 250 pages which is huge and so the poll panel should file a shorter affidavit. Following this, the matter was posted for February 7.

The court also allowed advocate Prashant Patel, the complainant to the EC, to put forth his stand on the pleas by the eight MLAs. While doing so, it extended the interim order of restraining the EC from issuing a bypoll notification.

On Monday, Justice Vibhu Bhakru had transferred the pleas of the MLAs to a division bench after the counsel appearing for Prashant Patel moved an application for transfer of the petitions to a division bench.

Eight AAP MLAs namely Alka Lamba, Rajesh Rishi, Somdutt, Kailash Gehlot, Sarita Singh, Nitin Tyagi, Madanlal and Sharad Chauhan had moved the high court seeking the quashing of the President's order to disqualify them.

What hc wants

  • The HC asked for the factual aspects on which the 20 Aam Aadmi Party (AAP) MLAs were disqualified for holding the office of profit by the President on its recommendations
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