Twenty AAP MLAs, facing the prospects of disqualification for allegedly holding office of profit, have sought a deferment of submission of their replies to the Election Commission claiming that the matter was sub- judice before the Delhi High Court, party legislators said today.
They have also told the poll panel that the issues raised by the Delhi chief secretary in a submission to the commission had already been answered by them.
The MLAs also sought to know who among the three election commissioners would hear their case as one of them, O P Rawat, had recused himself.
Incumbent Chief Election Commissioner A K Joti is the only one who had been a part of the proceedings as newly- appointed election commissioner Sunil Arora has not heard the case so far.
AAP's Kasturba Nagar MLA Madanlal said lawyers have submitted an application to the Election Commission yesterday, saying that since the matter was sub-judice before the Delhi High Court, filing of the reply should be "deferred".
Another AAP MLA also confirmed the submission of application before the Election Commission, seeking deferment of the filing of reply as the matter was before the High Court.
The Election Commission is currently hearing the office of profit proceeding against 20 AAP MLAs.
Reacting to this, advocate Prashant Patel, who is the petitioner in the case, said that since the AAP MLAs had not filed their reply, the poll body was now free to pass a judgement in the case.
"AAP MLAs have refused to file reply to Chief Secretary's submission, challenging authority of EC & its quorum. EC is now free to pass order. Chief Secretary had furnished all documents confirming profit gained by AAP MLAs. HC has no locus standi since it's a reference case from the President," he said.
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