Don’t announce bypolls for AAP MLAs till Monday: Delhi High Court tells EC

The Delhi High court on Wednesday sought the response of the Election Commission of India (ECI) among others on a plea by eight of the 20 Aam Aadmi Party (AAP) MLAs who were disqualified by the President on the recommendations of the ECI.

Justice Vibhu Bhakru, however, granted temporary relief to the MLAs and directed that no “precipitative measures” be taken till the next date of hearing, i.e. Monday even as it refused to stay the President’s notification of disqualification of these Delhi Assembly lawmakers.

The court’s direction came when KV Vishwanathan, counsel appearing for the petitioners, sought that the notification to conduct bypolls be not issued till the disposal of the matter in the court.

Appearing for the petitioners, the counsel, said that the notification passed by the President is “a gross and serious violation of natural justice” and they were not given enough hearing before passing of the orders.

“After recusing himself, OP Rawat, the new Chief Election Commissioner, again joined the proceedings in a way which is unknown in law. Also Sunil Arora, another election commissioner joined the the matter and passes the order. The MLAs were not enjoying any office of profit except for some transport allowances,” he said.

Following this, the court said, “At this stage, this requires consideration. We would issue notices and hear the matter next week on Monday.”

It also summoned the entire records pertaining to the proceedings leading to the recommendation of the EC for 20 MLAs' disqualification which received the President's assent on January 20.

“The EC should produce the record on or before the next date of hearing on January 29. Till next date of hearing, it will restrain itself from taking any precipitate measures like announcing by-election dates on the seats in question,” the judge said.

This was accepted by the counsel for the ECI who agreed “that no precipitate steps would be taken till the next date of hearing”.

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

The plea raised questions on the manner in which the opinion and notification were given stating that the undue haste are arbitrary, malafide and colourable exercise of power.

The petition had stated that “the President of India is not bound by the opinion of the ECI and particularly so, when the matter relating to the very maintainability of the proceedings was pending before the HC”.

The plea also 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 ECI did not give a fair opportunity of hearing to the MLAs inspite of specific request and despite specific directions given by the ECI itself through its order dated June 23, 2017.

“For that the impugned notification and opinion travels beyond the allegations made by the respondent no 3 upon an erroneous, fishing and roving enquiry against the petitioner and also beyong the scope of its
powers under the constitution of india.

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 MLAs had filed an application in the HC seeking a stay on the proceedings at the ECI. However, the pleas were “dismissed as withdrawn” when the President notified the disqualification of the MLAs on January 20.