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Context:
- The Delhi High Court has recently reinstated 20 (Aam Aadmi Party) AAP Memberof the Legislative Assembly (MLAs) earlier disqualified by Election Commission.
Background:
- 2015: The AAP Government appointed 21 MLAs as Parliamentary secretaries.
- Appointed MLAs were challenged for holding office of profit.
- January 19th, 2018: Election Commission of India (ECI) recommended the AAP MLAs to be disqualified.
- The president approved the recommendation.
- March 23rd 2018: The Delhi High Court has set aside the ECI’s ruling.
- Referred the case back to ECI for fresh hearing.
Know more about Parliamentary secretaries
Justification of High Court’s judgment:
According to the High Court, the ECI’s ruling has some loopholes, which are:
- procedural lapses,
- against natural laws,
- no oral hearing for the accused,
- violation of natural justice, and
- no opportunity for explanation by the accused.
Know more about criteria for disqualification of MLAs in India
Justification of Election’s Commission ruling:
The ruling by election commission of India unveils the following points:
- decision taken in haste, and
- ECI has a power to take decision without oral hearing.
Other options to manage cases as such:
Other options to manage the cases as such are by:
- following a just and fair procedure of investigation,
- providing opportunity to present the arguments of the accused,
- taking decision through a judicial or quasi judicial process, and
- even after the judgment by Delhi High court, the ECI can appeal the Supreme Court for a fresh and fair investigation.
Conclusion:
- The judgment of Delhi High Court on the disqualified MLAs has thus reaffirmed faith of judiciary.
