AAPs MLAs withdraw petition challenging EC's disqualification order

The AAP MLAs, who have been disqualified as legislators for holding office of profit, today withdrew their pleas from Delhi High Court challenging the Election Commission's recommendation which got the assent of the President.
The 20 MLAs, whose appointment as parliamentary secretaries was questioned, told the High Court that they would move fresh petitions against the taking away of their assembly seats as their pleas had become infructuous after President Ram Nath Kovind put a stamp of approval on the EC's recommendation.

Justice Rekha Palli allowed the MLAs to withdraw their plea, terming it "dismissed as withdrawn".

Advocate Manish Vashisht, appearing for one of the AAP MLAs, told the court that a notification has been issued on January 20 by the government after the President accepted the poll panel's recommendation.

Taking the submission on record, the court continued with its January 19 interim order giving no protection to the aggrieved legislators.

In its opinion sent to the President, the EC had said that by being parliamentary secretaries, they held office of profit and were liable to be disqualified as MLAs of the Delhi Assembly.

The petition before the EC was filed by Prashant Patel against 21 MLAs who were appointed as parliamentary secretaries by the AAP government in Delhi.

The proceedings against Jarnail Singh were dropped after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.

The 20 MLAs include Adarsh Shastri (Dwarka), Alka Lamba (Chandni Chowk), Anil Bajpai (Gandhi Nagar), Avtar Singh (Kalkaji), Kailash Gahlot (Najafgarh) -- who is also a minister -- Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura).

The others are Rajesh Gupta (Wazirpur), Rajesh Rishi Janakpuri), Sanjeev Jha (Burari), Sarita Singh (Rohtas Nagar), Som Dutt (Sadar Bazar), Sharad Kumar (Narela), Shiv Charan Goel (Moti Nagar), Sukhbir Singh (Mundka), Vijendar Garg (Rajinder Nagar) and Jarnail Singh (Tilak Nagar).

In their pleas, the legislators had sought a stay on the proceedings before the EC as well as any communication to the President by the poll panel.

They had contended that no hearing on the merits of the case had taken place before the EC, nor was any opportunity granted to the petitioners before the poll panel. They had also claimed that no evidence was led by complainant Prashant Patel. 

20 Aam Aadmi Party MLAs disqualification matter: Election Commission counsel submits that communication for disqualification of AAP MLAs was sent on 19 January

— ANI (@ANI) January 22, 2018

20 Aam Aadmi Party MLAs disqualification matter: Delhi High Court fixed the main petition for hearing on March 20

— ANI (@ANI) January 22, 2018

Application moved by 6 AAP MLAs has become infructuous after Presidential assent, so the petition regarding dismissal has been withdrawn by them.

— ANI (@ANI) January 22, 2018

#UPDATE In Delhi HC, all 20 AAP MLAs withdrew their applications seeking stay on ECI recommendations over their disqualification to the President of India in the Office of Profit matter as their applications have now become infructuous.

— ANI (@ANI) January 22, 2018

Delhi HC dismissed the application of six AAP MLAs who had come to the court seeking a stay on the pending proceedings at Election Commission.@dna

— Richa Banka (@RichaBanka) January 22, 2018

The application by six AAP MLAs was dismissed as withdrawn because the communication had already been sent to the President and has been notified. @dna

— Richa Banka (@RichaBanka) January 22, 2018

The Delhi HC will now listen to the main petition challenging the maintainability of the proceedings at the election commission of India.@dna

— Richa Banka (@RichaBanka) January 22, 2018

20 Aam Aadmi Party MLAs disqualification matter: Delhi High Court fixed the main petition for hearing on March 20

— ANI (@ANI) January 22, 2018

The AAP had also approached the Delhi High Court seeking a stay on EC's recommendation. The court has listed the case for a hearing on Monday.

On Friday, the Delhi High Court had refused to pass any interim order of protection to AAP MLAs from being disqualified.

Madanlal, one of the 20 disqualified MLAs, said all hopes now hinge on the judiciary and the party was expecting some relief tomorrow.

If AAP fails to get reprieve from the courts, Delhi will have bypolls for the 20 seats. The only technical aspect was that now the Delhi Assembly Speaker will have to notify the 20 vacancies for the EC to announce the bypolls.

Once the vacancies are announced by the Assembly, the AAP's strength would go down to 46 from 66 in the 70-member House. However, it will continue to have a majority to run the state.

Alka Lamba, who is among the 20 AAP MLAs disqualified, said the decision was "painful" and the president should have heard them out before arriving at any conclusion.

The petition was made to disqualify 21 MLAs, but one had resigned a few months back.

With inputs from PTI