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High Court seeks EC's reply to AAP MLAs' plea

The court also held that the petitioners were not seeking any stay on the EC's decision at this stage following which no next date of hearing was given by the poll panel

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The Delhi High Court on Friday sought the response of the Election Commission to a plea by 12 AAP MLAs. The plea appealed against the poll panel's decision to continue hearing a complaint against them for allegedly holding office of profit.

Issuing a notice to the EC, Justice Indermeet Kaur contended that after the high court had ruled that their (the AAP MLAs) appointments were unconstitutional and set them aside, there was no need for the poll panel to continue hearing the matter

The court also held that the petitioners were not seeking any stay on the EC's decision at this stage following which no next date of hearing was given by the poll panel. It listed the matter for hearing on November 21.

A similar order was also passed on August 4 after eight MLAs of the Aam Aadmi Party (AAP) had challenged the EC's decision.

Earlier, the plea filed on Friday said that the poll panel order was "wholly untenable, unjustified, arbitrary, whimsical and gross abuse of power." The office of profit petition was filed by one Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party. However, the proceedings were dropped against Jarnail Singh after he resigned as the MLA from Rajouri Garden to contest the Punjab Assembly elections.

On September 8, 2016 the high court had set aside the appointments of the 21 AAP MLAs as parliamentary secretaries, while observing that their appointment orders were issued without the concurrence of the Lieutenant Governor (LG).

THE CASE

  • The office of profit petition was filed by one Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party. However, proceedings were dropped against Jarnail Singh after he resigned as the MLA from Rajouri Garden to contest the Punjab Assembly polls.
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