Just last week 20 AAP MLA’s were granted a sigh of relief after High Court restored their status and directed Election Commission of India to have a relook on the case and re-examine its different aspects.
While the decision created a lot of controversy with BJP calling is just a temporary relief to Aam Aadmi Party claiming it to be an all-out victory.
To get clarity on the matter, Ten News reached out to a number of law expert from Delhi High Court and Supreme Court and attempted to bring for our readers the clear details of the order.
Advocate Preeti Sirohi said, “AAP MLA’s urged before the Honb’le High Court that they were not given a fair chance to make their stand clear and the decision was passed without listening to them. The High Court has asked EC to give them a chance to make their stand clear so that they don’t complain of any partiality. The Honb’le Judge had heard the arguments in detail and then arrived at this conclusion which is apt and just”.
She further added, “Whether it was a case of corruption or non- understanding of the governance”, it will be too early to arrive at any conclusion at this stage because the matter has been reverted back to EC the MLA’S have not been given a clean chit by the high court but they’ve been given a chance to prove their innocence in front of EC”.
Advocate Priyanka Singh said, “The Bench Of Justice Sanjeev Khanna and Justice Chandra Shekhar has not exactly overturned ECI verdict but has in fact directed ECI to take another look at the allegations as the Hon’ble High Court had felt that the concerned MLAs were not properly heard”.
On the legal aspects of corruption allegations, she has to say, “As far as the issue of corruption is concerned of course the act of appointing the MLAs to office of profit is wrong and it becomes more grave when to justify the wrong the Delhi Government tries to pass a Bill declaring that the post doesn’t fall within the categories of office of profit.. So basically the conduct of Delhi Government is- ‘if your conduct falls into the category of wrong, no need to amend your conduct just change the category’.
HC Advocate Malaika Arora also pointed to note that High court has no right to overturn the order of an Apex court.
The crux of the decision came out to be this : “The judgment is not on merit of the case. It does not determine as to whether those MLAs held any office of profit or not? It also does not determines whether they are disqualified for becoming member of Legislative Assembly or holding the position of member of Legislative Assembly on account of holding office of profit. The High Court has set aside the Presidential notification and Elections Commission’s decision declaring them disqualified on the ground of procedural lapses and lacunas and directed the Election Commission to re-hear the case following due process of law. The effect of judgment is that their membership is restored and for all intent and purposes they are member of Legislative Assembly and enjoys all right and privileges associated with the position”.
