The Election Commission of India (ECI) today told the Delhi High Court that the pleas of 20 AAP MLAs against their disqualification in an office-of-profit case is liable to be dismissed as they have challenged the ECI's opinion which has become non-existent after the President's decision.
A bench of Justices Sanjiv Khanna and Chander Shekhar was told by the poll panel's counsel Amit Sharma that the disqualified Aam Aadmi Party (AAP) MLAs have not challenged the January 20 Presidential Order by which the ECIs recommendation were accepted.
The ECI was replying to the arguments made by the disqualified MLAs, found guilty of holding office of profit as parliamentary secretaries to ministers in the AAP government after it came to power in 2015.
The MLAs had approached the high court challenging their disqualification after President Ram Nath Kovind gave his approval to the ECIs recommendation.
Referring to the Government of National Capital Territory of Delhi Act, 1991, the ECI's counsel contended that "Section 15 envisages that the opinion of the ECI would culminate into an order/decision of the President of India.
"It would then be followed by a necessary notification in the Official Gazette. The petitioners (20 AAP MLAs) have not chosen to assail January 20, 2018 order passed by the President on the opinion of the ECI".
He submitted "the opinion of ECI does not survive as on date and can therefore not be subject to challenge by way of a writ petition".
The arguments on behalf of the ECI, which remained inconclusive, will resume tomorrow.
Meanwhile, the 20 legislators have concluded their submission, seeking setting aside of the ECI opinion and the Centre's notification disqualifying them as a Delhi Legislative assembly legislators.
During their submissions earlier, the MLAs had claimed that they were held guilty of holding office of profit by the Election Commission without giving them an opportunity to explain their stand. They had also contended that the poll panel had sent its opinion to President by "flouting the principles of natural justice".
The high court had on January 24 refused to stay the Centre's notification disqualifying them, but restrained the EC from taking any "precipitate measures" such as announcing dates for by polls to fill the vacancies.
The EC had recommended the disqualification of 20 AAP MLAs on January 19. The President had accepted the EC's opinion the very next day.
The 20 disqualified 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).
The Delhi High Court had on September 8, 2016, set aside their appointment as parliamentary secretaries on the grounds that they were appointed without the concurrence of the Lieutenant Governor.
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