The plea raised questions on the manner in which the opinion and notifications were given stating that the undue haste is arbitrary, malafide and colourable exercise of power.
Eight of the 20 AAP MLAs, who were disqualified by President Ram Nath Kovind on the recommendations of the Election Commission (EC) in the office of profit case, moved the Delhi High Court on Tuesday seeking to quash the order.
The plea raised questions on the manner in which the opinion and notifications were given stating that the undue haste is arbitrary, malafide and colourable exercise of power.
The matter was urgently mentioned before a bench of Justice S Ravindra Bhat and Justice A K Chawla, who posted the matter for hearing on Wednesday. The bunch of pleas would be now heard by Justice Vibhu Bhakru.
Appearing for the MLAs, their counsel Manish Vasisht informed the court that the matter requires attention and should be heard.
The eight MLAs who have moved the court, according to the counsel, are Alka Lamba, Rajesh Rishi, Somdutt, Kailash Gehlot, Sarita Singh, Nitin Tyagi, Madanlal and Sharad Chauhan.
The petition stated that "the President of India is not bound by the opinion of the EC and particularly so when the matter relating to the very maintainability of the proceedings was pending before the HC".
The plea alleged that the notification and the opinion are "illegal, void, arbitrary, ultra vires and contrary to the provisions of Section 15(1) of the GNCTD Act and non est and ought to be declared and quashed".
It also contended that the EC did not give a fair opportunity to the MLAs, despite specific directions given by the EC through its order dated June 23, 2017. It further alleged that the MLAs had not received any benefit, privilege, advantage or power.
According to the plea, the notification of the President "travels far beyond the allegations made by the respondent no 3 by embarking upon an erroneous, fishing and roving enquiry against the petitioners and also beyond the scope.
Earlier, the six of the disqualified AAP MLAs had filed an application in the HC seeking a stay on the proceedings at the EC. However, the pleas were "dismissed as withdrawn" when the President notified the disqualification of the MLAs on January 20.
APPROACH COURT
The eight MLAs who have moved the court, according to the counsel, are Alka Lamba, Rajesh Rishi, Somdutt, Kailash Gehlot, Sarita Singh, Nitin Tyagi, Madanlal and Sharad Chauhan.
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