Disqualified AAP MLAs withdraw plea challenging EC's recommendation


New Delhi, Jan 22 (PTI): The 20 disqualified AAP MLAs today withdrew their plea application from the Delhi High Court challenging the Election Commission's recommendation in the office of profit case, saying they would file a fresh plea after examining the notification for their disqualification.

Justice Rekha Palli allowed the MLAs to withdraw their plea and termed it "dismissed as withdrawn".

Advocate Manish Vashisht, appearing for one of the AAP MLAs, told the court that their application challenging the poll panel's recommendation to the President disqualifying them as legislators have become "infructuous" as a notification in this regard has already been issued on January 20.

The Delhi High Court had on January 19 refused to pass any interim order of protection to AAP MLAs, whose names have been recommended for disqualification as legislators by the Election Commission (EC) for holding an office of profit.

In its opinion sent to the President, the EC had said that by being parliamentary secretaries, they held an office of profit and were liable to be disqualified as MLAs of the Delhi Assembly.

The petition before the EC was filed by Prashant Patel against 21 MLAs who were appointed as parliamentary secretaries by the AAP government in Delhi.

The proceedings against Jarnail Singh were dropped after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.

The 20 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).

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).

In their pleas, they had sought a stay on the proceedings before the EC as well as any communication to the President by the poll panel.

They had contended that no hearing on the merits of the case had taken place before the EC, nor any opportunity granted to the petitioners before the poll panel. They also claimed that no evidence was led by complainant Prashant Patel.

  

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Comment on this article

  • Dinesh, UDUPI

    Tue, Jan 23 2018

    The EC commissioner was the chela of Modi during Modi's regime in Gujarat. Bu hook or crook BJP wants to defeat AAP which cannot happen.

    DisAgree Agree [1] Reply Report Abuse

  • prem, moodbidri

    Tue, Jan 23 2018

    If you remember,,, Feku & Daku challenged Kejri, inspite of having 98% MLAs in assembly - "Your Govt will not complete full term"!

    Is ka matlab samjhe Dayaa ???

    DisAgree [5] Agree [2] Reply Report Abuse

  • SMR, Karkala

    Mon, Jan 22 2018

    If this question of 'Office of profit' then Election Commison should forward the names of BJP MLAs in Uttarakhand and Congress in Meghalaya.President of India should act impartially if the first citizen of India.

    It won't be surprised now if backdoor players including Zee TV boss and Rajya Sabha member will utilized the opportunity of fissure to draw them to BJP using 'operation Kamala'.

    AAP should challenge this matter in public and Supreme Court and produce 'nil' profit for holding position.
    Jai Hind

    DisAgree [5] Agree [6] Reply Report Abuse

  • NAGESH NAYAK, MANGALORE

    Mon, Jan 22 2018

    OUR PRESIDENT GOT THE WRONG NEWS ,TELL HIM THAT ANANTH HEGDE CALLED ALL DALITS A DOG. AND NOT KEJRIWAL...

    OUR PRESIDENT IS ALSO DALIT.

    DisAgree [8] Agree [22] Reply Report Abuse

  • Jeevan, Mangalore

    Mon, Jan 22 2018

    By doing this. AAP has became popular again and bjp is losing their charm.

    Bjp has beame selfish

    DisAgree [11] Agree [19] Reply Report Abuse

  • Swamy, Mangalore

    Mon, Jan 22 2018

    BJP is very nervous about AAP. BJP is spending sleepless nights in Delhi. Now there are 200 more MLAs waiting at AAP doorsteps, thank you BJP for this unforeseen opportunity.

    DisAgree [8] Agree [17] Reply Report Abuse

  • Langoolacharya., Belman/Wash DC.

    Mon, Jan 22 2018

    AAP,

    As long as Modiji is PM of India....you will not get justice from any state organization or Courts...So forget it, don't waste your time and energy...

    Go to people's Court( Delhi Voter's)....there you may get justice....

    Everything goes up will come down....lets see when Modiji will come down....then you will get justice....

    ...JH...

    DisAgree [8] Agree [19] Reply Report Abuse

  • HENRY MiSQUITH, Bahrain

    Mon, Jan 22 2018

    Perhaps the first time in the history of post independence India we are facing a situation where all constitutional posts of authority have lost complete credibility. From the President to the RBI governor and the EC to the CJI all have been compromised. About the PM less said the better. Clearly 'democracy is in danger '

    DisAgree [9] Agree [29] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Jan 22 2018

    I challenge BJP to disqualify remaining 47 AAP MLA's ...

    DisAgree [7] Agree [19] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Mon, Jan 22 2018

    These are all political decisions to destabilize the government really performing well

    DisAgree [6] Agree [34] Reply Report Abuse

  • peacelover, India

    Mon, Jan 22 2018

    The Hon. President was so keen to approve the disqualification of 20 MLAs. He even came to office on a Sunday to do this job.

    DisAgree [8] Agree [41] Reply Report Abuse

  • mohan sr., Mangalore

    Mon, Jan 22 2018

    Mr time keeper ..... Can you show me the attendence list !!!!!!!!!!!!!

    DisAgree [11] Agree [7] Reply Report Abuse

  • vivek, mangalore

    Mon, Jan 22 2018

    common sense is required and Not attendance list

    DisAgree [6] Agree [11] Reply Report Abuse


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Title: Disqualified AAP MLAs withdraw plea challenging EC's recommendation



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