Buoyed by the Delhi High Court verdict restoring the membership of its 20 legislators, the Aam Aadmi Party on Friday said it has won the "perception battle" in the office-of-profit case and now will take the matter to the people.
I had just raised a constitutional issue, there is no setback for me."EC to re-hear case:On January 21, 20 MLAs of the party were disqualified in the office-of-profit case after President Ram Nath Kovind approved the EC's recommendation in this regard".
Similarly, we respect today's decision.
While the EC has been directed to hear the cases again, this is only a temporary relief as the HC has only sent the case back to the EC over the way the hearings were carried out. "Delhi High Court has given justice to the people of Delhi".
Meanwhile, on September 8, 2016, the Delhi High Court struck down the appointments as bad in law as the Delhi government had not communicated them to the lieutenant governor. It had also claimed that their pleas were not maintainable and were liable to be dismissed.The MLAs are accused of holding offices of profit, as they were appointed parliamentary secretaries to Ministers in the Delhi Government in March 2015.
He refused to say anything further, noting that the poll panel does not comment on a court order.
According to the sources, other facilities, which are provided to MLAs, have also been stopped to these 20 AAP MLAs by the Assembly Secretariat."The salaries of 20 MLAs, who had been disqualified by the Election Commission (EC), have been stopped".
To counter the Election Commission argument, the AAP party said that they were not allowed to present a defense. While no administrative work has been disrupted over these two months, sources in the government said that the fact that 20 assembly constituencies were without MLAs was a cause for concern. Delhi High Court gives justice to people of Delhi.
In one of the last key orders he issued before demitting office, Joti had recommended disqualification of the 20 MLAs to the President on 19 January.
While, AAP Delhi unit spokesperson Saurabh Bharadwaj alleged that former election commissioner disqualified AAP MLAs only to "please" the Centre.
It is said that even the slightest appearance of misuse of power on part of the judiciary or constitutional institutions can jeopardise the independence of such bodies.
The EC then gives its opinion to the President, who is bound to accept it.