Disqualified AAP MLAs: Bypolls cannot be announced till next hearing, says Delhi HC

The Delhi High Court today issued notice to the Election Commission of India and the Union Ministry of Law and Justice in the plea seeking quashing of the President’s notification disqualifying 20 Aam Aadmi Party (AAP) legislators for holding an office of profit..The plea by the disqualified AAP legislators, filed through Advocates Manish Vashisht, Rikky Gupta, Trisha Nagpal and Astha Gupta, states that the said notification is ultra vires, unconstitutional, null and void, and against the principles of natural justice..“The principles of natural justice had been thrown to winds by the Respondent No.1 and the Respondent No.1 has acted in a whimsical, arbitrary, capricious manner.” .It is stated in the petition that the Election Commission decided the reference in undue haste and without affording any opportunity of fair hearing to the legislators..“The findings are therefore contrary to the provisions of Article 14 of Constitution of India, ultra vires, void ab initio and an attack on the basic fabric of the democracy.”.Appearing for the petitioners, Senior Advocate KV Vishwanathan argued that one of the election commissioners, OP Rawat, had initially recused himself, but had later joined the proceedings in a way which is unknown in law..It was also argued that the order was undersigned by election commissioner Sunil Arora, who had not heard the petitioners during the proceedings..The Single Judge Bench of Justice Vibhu Bakhru issued notice to the Election Commission, the Law Ministry, and Prashant Patel, who had filed the petition seeking disqualification of the MLAs in 2015..The Bench adjourned the matter till Monday, January 29, and directed that no notification regarding by polls be issued till the next date of hearing..Read Petition:.Photo: Kejriwal photo from here.