The six AAP MLAs who had moved the court are Kailash Gehlot, Sharad Kumar, Madanlal, Nitin Tyagi, Rajesh Gupta and Somdutt
The Delhi High Court on Friday refused to grant interim relief to six AAP MLAs, who had moved a plea seeking a stay on the Election Commission's order disqualifying 20 MLAs in the office of profit case.
Justice Rekha Palli also directed the counsel for the Election Commission (EC) to take instructions as to whether a final order of disqualification has been passed by it and if the same has been forwarded to the President.
"At this stage, I am not inclined to pass any interim order. It is deemed appropriate for the respondent to find whether a final order has been passed by them and whether the same has been sent to the Honourable President," the judge said fixing the next date of hearing to January 22.
The six AAP MLAs who had moved the court are Kailash Gehlot, Sharad Kumar, Madanlal, Nitin Tyagi, Rajesh Gupta and Somdutt. They had sought to be heard by the poll panel.
Appearing for the EC, its counsel Amit Sharma informed the court that he has no information about the order in question and so he cannot make any submissions or representation at this moment.
While refusing to pass the interim order as sought by the MLAs, the court also raised questions on their conduct.
The court said that the MLAs were aware of the ongoing proceedings at the EC and despite that, they did not press for a stay during the proceedings at the high court on November 21.
On this date, a different bench of the HC was hearing the petitions of the 21 AAP MLAs challenging the maintainability of the proceedings pending at the EC. "You don't get a stay from the HC. But still you tell them that they keep issuing notices but we will not appear for the hearing. You very conveniently say that the HC is ceased of the matter. Again on November 21, you did not ask for a stay from the HC.
"There are no orders from the HC. The matter is still pending. Just because the court issued a notice, you cannot take the whole system for granted," the judge added.
Appearing for one of the MLAs, counsel Manish Vashisht contended that the EC did not even inform them prior to passing such an order. He also said that all the MLAs had filed a detailed reply as sought by the EC where they had mentioned about the pending litigation in the court.
No Prior Notice
- Six AAP MLAs had first moved the court, seeking interim relief
- They are Kailash Gehlot, Sharad Kumar, Madanlal, Nitin Tyagi, Rajesh Gupta, Som Dutt
- Counsel for one of the MLAs contended that the EC did not even inform them prior to passing such an order.
The 20 in trouble
The 20 MLAs whose disqualification has been recommended
- Naresh Yadav (Mehrauli)
- Som Dutt (Sadar Bazar)
- Praveen Kumar (Jangpura)
- Jarnail Singh (Rajouri Garden)
- Nitin Tyagi (Laxmi Nagar)
- Adarsh Shastri (Dwarka)
- Sanjeev Jha (Burari)
- Jarnail Singh (Tilak Nagar)
- Sukhvir Singh (Mundka)
- Madan Lal (Kasturba Nagar)
- Sarita Singh (Rohtas Nagar)
- Alka Lamba (Chandni Chowk)
- Rajesh Rishi (Janakpuri)
- Anil Kumar Bajpai (Gandhi Nagar)
- Manoj Kumar (Kondli)
- Kailash Gahlot (Najafgarh)
- Avtar Singh (Kalkaji)
- Vijendar Garg Vijay (Rajinder Nagar)
- Rajesh Gupta (Wazirpur)
- Sharad Kumar (Narela)
- Shiv Charan Goel (Moti Nagar)
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