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Delhi High Court quashes notification disqualifying 20 AAP MLAs
Terming the Election Commission's recommendation on disqualification as "vitiated", the bench said that there was violation of natural justice and no oral hearing was given to the MLAs before disqualifying them as legislators of the Delhi Assembly.
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In a major relief to the Aam Aadmi Party (AAP), the Delhi High Court today set aside the disqualification of its 20 MLAs in the office-of-profit case.
A bench of justices Sanjiv Khanna and Chander Shekhar said that the Centre's notification disqualifying the AAP MLAs was bad in law and remanded their plea back to the Election Commission which will hear it afresh.
Terming the Election Commission's recommendation on disqualification as "vitiated", the bench said that there was violation of natural justice and no oral hearing was given to the MLAs before disqualifying them as legislators of the Delhi Assembly.
"Opinion of Election Commission of India (given to the President of India) dated January 19, 2018, is vitiated and bad in law for failure to comply with principles of natural justice," the court said.
An elated Chief Minister Arvind Kejriwal said it is a victory of truth.
AAP welcomes HC order on office of profit case
The AAP today welcomed a Delhi High Court order setting aside the disqualification of its 20 MLAs in an office of profit case and claimed that the Election Commission's decision was a “serious attempt to dislodge” an elected government.
Aam Aadmi Party leader Ashutosh said the decision of the EC to disqualify the MLAs for allegedly holding office of profit was an attempt to hijack the mandate of the people.
“If the post of constitutional authority is occupied by pygmies then democracy won't be safe. The EC's decision was a serious attempt to dislodge a duly elected AAP government and an attempt to hijack the mandate of the people," he claimed.
“The EC's decision was not only constitutionally invalid but it also exposes how low the constitutional authority can stoop,”Ashutosh alleged.
Saurabh Bharadwaj, the chief spokesperson of the AAP's Delhi unit, said the MLAs would now be able to take part in the ongoing Budget Session and resume their legislative work.
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