The Delhi High Court on Friday refused to grant interim relief to Aam Aadmi Party (AAP) MLAs against the Election Commission's recommendation for their disqualification on grounds of holding office of profit as Parliamentary Secretaries.
Justice Rekha Palli declined immediate relief to six AAP MLAs, who had approached the court against the disqualification, after the advocate appearing for the Election Commission (EC) told the court that there is no information on whether the EC has sent any such recommendation to the President.
The court said it can't pass an order till it is clear whether the EC has taken any decision and asked the Commission to respond by Monday on whether a decision on disqualification of the AAP MLAs has been taken.
During the hearing, the court questioned the conduct of the MLAs and said they appeared before the poll panel taking shield of the fact that their pleas were pending in the High Court.
"The counsel of Election Commission is not able to get instruction whether the Commission has already given its final opinion and whether it has been communicated to the President. At this stage the court is not inclined to pass any (interim) order," the bench said.
Earlier in the day, the EC recommended to President Ram Nath Kovind the disqualification of 20 AAP MLAs for allegedly holding office of profit.
The petition before the EC was filed by one Prashant Patel seeking disqualification of 21 MLAs, including Jarnail Singh, who were appointed as Parliamentary Secretaries by the AAP government in Delhi.
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The proceedings against Jarnail Singh were dropped after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls last year.
Under the Constitution, the President is bound to act in accordance with the poll panel's recommendation.
There was no official word from the poll panel. But sources said the Commission's recommendation had been sent to President Kovind.
--IANS
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