Office of Profit Row: Delhi HC refuses to grant interim relief to AAP MLAs seeking stay on EC order

The AAP MLAs today moved the Delhi High Court against the Election Commission's (EC) recommendation to the President to disqualify 20 of them for allegedly holding offices of profit.

The pleas by six MLAs was mentioned before a bench headed by Acting Chief Justice Gita Mittal for urgent hearing, which was listed for today itself.

However, the Delhi High Court refused to grant interim relief to AAP MLAs in the Office of Profit Case.

"It was only AK Jyoti, Election commissioner, who heard d matter. V were asked 2 give written submissions which v had done saying dat whenever d order is passed, v Shud be informed abt it. Bt d order came widout any prior intimation 2 us," AAP MLA Madanlal. @dna @maneeshchhibber

— Richa Banka (@RichaBanka) January 19, 2018

Judge 2 petitioner's counsel- "U don't get a stay from d HC. Bt still you tell d EC that you 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 Nov 21 , you did not ask for a stay from the HC.@dna

— Richa Banka (@RichaBanka) January 19, 2018

Delhi HC questions the conduct of the AAP MLAs in dealing with the proceedings pending at the ECI. @dna

— Richa Banka (@RichaBanka) January 19, 2018

Delhi HC orders the counsel for the ECI to take directions whether the final order has been passed by the EC and the same has been communicated to the President!@dna

— Richa Banka (@RichaBanka) January 19, 2018

Delhi HC would now hear the matter on Monday as it declined to grant interim relief!@dna

— Richa Banka (@RichaBanka) January 19, 2018

The ECI has recommended to the President the disqualification of 20 legislators who were appointed as parliamentary secretaries by the Arvind Kejriwal government in Delhi. The high court asked the ECI to inform it by January 22 whether any final communication has been sent to the President Ram Nath Kovind on the disqualification of the MLAs. 

Justice Rekha Palli made it clear that she was not inclined to pass any order or issue notice and asked the ECI to clarify the queries raised by her.
However, during the brief hearing, the judge questioned the conduct of the MLAs before the ECI and said they did appear before the poll panel taking shield of the fact that their pleas were pending in the high court.

These legislators had filed the application in the pending petition in which they had challenged the ECI's stand to examine a petition against them.

Hours after the ECI recommended their disqualification, the affected MLAs mentioned the application before a bench headed by Acting Chief Justice Gita Mittal for urgent hearing, which was listed before Justice Palli.

BJP says Kejriwal has no moral right to continue

The BJP today questioned if the Aam Aadmi Party has any "moral right" to remain in power following the Election Commission's recommendation to the President to disqualify of its 20 MLAs and demanded the resignation of Chief Minister Arvind Kejriwal.
 

BJP spokesperson Sambit Patra claimed the Kejriwal government has become "lame duck".

He cited corruption and criminal cases against AAP MLAs to claim that the party which started its political journey from India Against Corruption movement has become "I am corruption".

The Constitution has shown mirror to the AAP government which had become "arrogant" due to its numerical strength in the Delhi Assembly, he said.

Patra also said that the AAP was heading towards becoming the "most corrupt" political party.

"Many of the Kejriwal cabinet members had to resign.
Fifteen of their MLAs have cases against them and 12 were arrested under different charges. In this scenario, the biggest question before the people is whether the Arvind Kejriwal government has any moral right to remain in power," he told reporters.

He said that with a large number of AAP MLAs facing cases of corruption and other charges, the AAP government in Delhi has become lame duck.

Delhi BJP chief Manoj Tiwari lauded the EC's recommendation to the President to disqualify 20 AAP MLAs for allegedly holding office of profit, saying it is a "moral defeat" for Chief Minister Arvind Kejriwal and that he should resign.

He said the BJP stands prepared for elections any moment.

"We welcome the EC decision disqualifying 20 AAP MLAs.
Arvind Kejriwal should take responsibility for moral defeat and resign," he said.

Even if the MLAs are disqualified, the AAP will continue to enjoy a comfortable majority in the Delhi Assembly. 

With inputs from Richa Banka and PTI