Delhi HC refuses to stay disqualification of 20 MLAs but asks EC not to release bypoll dates yet

NEW DELHI: The Delhi High Court on Wednesday refused to stay the disqualification of 20 Aam Aadmi Party MLAs who have been disqualified by the Election Commission in the office of profit case.

However, the High Court has asked the EC to not issue any notification for Delhi bypolls till next date of hearing on Monday. The HC has sought a reply of all respondents including the Election Commission ECI on the plea of disqualified MLAs.

The High Court was hearing a plea of eight AAP MLAs against their disqualification for holding office of profit.

On January 19, the poll panel had made the recommendation for the disqualification of the 20 legislators, which was given assent by the President. On January 20, the Ministry of Law and Justice issued a notification that the President held that the 20 MLAs stand disqualified under Section 15(1)(a) of the Government of National Capital Territory of Delhi (GNCTD) Act.

The EC had made the recommendation while deciding a plea by advocate Prashant Patel, who had sought disqualification of 21 AAP MLAs for holding the office of parliamentary secretaries, which he had said amounted to office of profit.

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