The Delhi High Court set aside the disqualification of 20 AAP MLAs by the poll panel for holding ‘office-of-profit.’ The court termed the recommendation as ‘vitiated’ and ‘bad in law’ and directed the Election Commission (EC) to hear the issue afresh.
A bench of justices comprising of Sanjiv Khanna and Chander Shekhar quashed the Centre’s notification of the EC’s opinion to disqualify the MLAs and remanded the issue back to the poll panel rejecting its contention, stating that having given its opinion it had become “functus officio and hence remand is not possible.”
The bench stated, “This argument of the EC is untenable. Once the opinion and notification are set aside, proceedings before the EC would continue from the stage the error and lapse had occurred. If the contention of the EC is to be accepted, it would result in an incongruous situation, as the reference remains unanswered and has to be decided.”
It further asserted, “The President need not make a fresh reference. In light of the statutory provisions and the legal position the EC has to render and give their opinion on the reference.”
The bench also held the EC's order to go ahead with the hearing in the matter as illegal. The bench observed, the “opinion of the EC dated January 19 is vitiated and bad in law for failure to comply with the principles of natural justice. Accordingly, writ of certiorari is issued quashing the opinion… and the consequent order/notification dated January 20, 2018 for violation of principles of natural justice, namely, failure to give oral hearing and opportunity to address arguments on merits of the issue whether MLAs had incurred disqualification.”
