The Delhi High Court on Monday transferred the pleas of the AAP MLAs challenging their disqualification for holding office of profit before a larger bench of court comprising of two judges. The case was till now being heard by a single judge bench.
Justice Vibhu Bakhru referred the case to the bench headed by the Acting Chief Justice, who may either set up or refer it to any existing Division Bench.
The court also extended its order restraining the Election Commission of India (ECI) from issuing any notification announcing bye-elections to fill the vacancies of the 20 Assembly seats.
The direction came after advocate Prashant Patel, on whose plea the EC had recommended disqualification of the MLAs, moved an application seeking transfer of the matter to a Division Bench.
It was argued by the counsel appearing for Patel that such matters ought to be heard by a Bench of at least two judges as per Supreme Court’s rulings.
The counsel appearing for the AAP MLAs opposed the contention, but the judge said that the finding of the apex court was clear on hearing of such matter by a Division Bench of the high court.
The disqualified legislators have in their pleas contended that there was “gross and serious” violation of principle of natural justice as they were not given a hearing before the ECI formed its opinion.
It said that the poll panel proceeded with forming opinion against them despite a case pending at the high court challenging the same.
Withdrawal of plea
On January 19, the ECI sent its opinion to the President, saying that by being parliamentary secretaries, the AAP legislators held offices of profit and must be disqualified from the Assembly.
Acting on the opinion, President Ram Nath Kovind on Sunday gave his assent for their disqualification. The President is bound by the recommendation of the ECI. If the President receives a petition seeking the disqualification of lawmakers, he refers it to the ECI. The ECI takes a decision and sends to the Rashtrapati Bhavan its recommendation, which is accepted.
Office of Profit
The Delhi government, led by Chief Minister Arvind Kejriwal, appointed the parliamentary secretaries attached to government ministries after coming to power in March 2015.
However, a constitutional clause prohibits legislators or parliamentarians from holding any position with monetary or other benefits. Known as office of profit, the clause is aimed at reducing conflict of interest situations for public representatives.
The government had claimed that the appointments would facilitate a smooth functioning. It claimed that the secretaries would not receive any remuneration or perks from the administration, so that the exchequer would face no additional burden.
But, this was challenged by an advocate Prashant Patel who made a representation to the President to disqualify them for holding office of profit. The President made a representation to the poll panel, which then gave it opinion to disqualify them.
