Reinstatement of the 20 Disqualified AAP MLAs

Must Read

New Insolvency and Bankruptcy Code (IBC) Amendments Are Valid Says Supreme Court

On Tuesday, the Supreme Court upheld the amendments in the insolvency and bankruptcy code which makes it mandatory for a minimum of 100 or 10% of home buyers of a project to initiate insolvency proceedings against a builder for not delivering flats or commercial shops on time.

[HUL – Sebamed Ad War] Bombay High Court Passed Injunction; Permits Sebamed Ad Against HUL’s Dove

The ad war between the German personal care brand Sebamed and the consumer goods giant Hindustan Unilever Ltd (HUL) has come to an end. On January 19th, Bombay High Court passed an injunction order permitting the Sebamed ad against Hindustan Unilever’s Dove without any changes. It was observed that Sebamed ads were backed with evidence-based data. However, Sebamed was ordered to put an end to its advertisement that compared HUL soap bars Lux, Pears, and Santoor with Rin and detergent category.

Bombay High Court Says White Collar Crimes Are More Dangerous Than Murder and Dacoity

The Aurangabad Bench of the Bombay High Court rejected 4 petitions of 4 businessmen after observing that white-collar crimes are more serious than murder and dacoity. The businesspersons were booked for fraud of evading GST by producing fake invoices.

Right To Protection Can’t Be Granted To Married Woman Involved in Live-in Relationship: Allahabad High Court

The Bench of Allahabad High Court dismissed a petition of a live-in couple, observing that a married woman in a live-in relationship is not entitled to any sort of legal protection whatsoever. The Court remarked that they are adults and should live as ‘husband and wife’ if they want no one to interfere in their lives.

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Follow us

The major relief to the AAP government in Delhi came on 23.03.2018 from the Delhi High court. The issue of disqualification of 20 AAP MLAs for holding Office of Profit as Parliamentary Secretaries came in the wake of already prevalent controversies surrounding the Aam Admi Party. The High Court set aside the disqualification of the MLAs on the grounds of violation of the principles of natural justice.

Facts:

The Writ Petition was filed before the Hon’ Delhi High Court against the President’s approval of the recommendations of the Election Commission of India for the disqualification for holding Office of Profit. The brief facts of the case as follows:

The AAP led Delhi Government issued an order on 13th March 2015 to appoint 21 MLAs (one resigned) as Parliamentary Secretaries to the Ministers of the Government of NCT of Delhi. The appointment was brought to notice to the President by Mr. Prashant Patel. Section 15 of the Government of the National Capital Territory of Delhi Act mandates disqualification for membership. The provision enumerates upon the disqualification of the Member of the Legislative Assembly for holding an office of profit unless declared by the law made by the Parliament or the Legislative Assembly of the State or the Union Territory. The provision further states the decision of the President rendered to be final after obtaining the opinion of the ECI. The petitioners filed the present petition before the Court praying to issue the writ of certiorari or any appropriate order to set aside the recommendations of the ECI receiving the President’s approval for the disqualification of 20 MLAs.

Issue:

The petitioners challenged the order on various contentions such as

  • Whether the reference made by the President to the ECI was valid?
  • Whether the recommendation made by the ECI was in accordance with law?

The Court took cognizance on the ground of violation of natural justice as a due opportunity was not provided to the petitioners before the order was passed for their disqualification. The ECI in the said opinion failed to provide a due opportunity to the petitioners.

Decision:

The Court in its judgment passed the writ of certiorari and set aside the order for disqualification. The court observed that the opinion of the ECI was bad in law. The failure to provide an opportunity for oral hearing was in violation of the principles of natural justice negating the contention put forth by the ECI. The Court directed ECI to conduct hearing and decide upon the important issues.

The reinstatement of the MLAs may have brought some relief to the Party Convener Arvind Kejriwal, but the issue has not ended in totality. Section 15 of the Act provides an exception if a law is legislated to declare the office, but to effectuate the same the attempt by the Delhi Government would be in vain. Therefore, the judgment could be deemed as a partial victory and the ultimate result would depend upon the final opinion of the ECI that is to be conducted after fresh hearings as directed by the Court.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

New Insolvency and Bankruptcy Code (IBC) Amendments Are Valid Says Supreme Court

On Tuesday, the Supreme Court upheld the amendments in the insolvency and bankruptcy code which makes it mandatory for a minimum of 100 or 10% of home buyers of a project to initiate insolvency proceedings against a builder for not delivering flats or commercial shops on time.

[HUL – Sebamed Ad War] Bombay High Court Passed Injunction; Permits Sebamed Ad Against HUL’s Dove

The ad war between the German personal care brand Sebamed and the consumer goods giant Hindustan Unilever Ltd (HUL) has come to an end. On January 19th, Bombay High Court passed an injunction order permitting the Sebamed ad against Hindustan Unilever’s Dove without any changes. It was observed that Sebamed ads were backed with evidence-based data. However, Sebamed was ordered to put an end to its advertisement that compared HUL soap bars Lux, Pears, and Santoor with Rin and detergent category.

Bombay High Court Says White Collar Crimes Are More Dangerous Than Murder and Dacoity

The Aurangabad Bench of the Bombay High Court rejected 4 petitions of 4 businessmen after observing that white-collar crimes are more serious than murder and dacoity. The businesspersons were booked for fraud of evading GST by producing fake invoices.

Right To Protection Can’t Be Granted To Married Woman Involved in Live-in Relationship: Allahabad High Court

The Bench of Allahabad High Court dismissed a petition of a live-in couple, observing that a married woman in a live-in relationship is not entitled to any sort of legal protection whatsoever. The Court remarked that they are adults and should live as ‘husband and wife’ if they want no one to interfere in their lives.

Police To Decide on the Entry of Farmers To Delhi on Republic Day Says Supreme Court

While the Supreme Court heard a plea seeking an injunction against the tractor rally that is scheduled for January 26th, it held that it is the decision of the Delhi Police officers to see whether the protesting farmers should get entry into Delhi on Republic Day.

[Sushant Singh Rajput Case]: Republic TV & Times Now Hindered Investigation Probe Says Bombay HC

In November last year, the Court had reserved its judgement on the PILs that came from 8 former police officers from Maharashtra, lawyers, activists and NGOs, seeking restraining orders against the media trial in the Sushant Singh Rajput case.

Women Advocates Move To Supreme Court Against the Delhi HC Orders on Resuming Physical Hearing

Another writ petition has been filed by women advocates in the Supreme Court against the decision of the Delhi HC of directing the expansion of physical hearing of cases within the National Capital Territory of Delhi without giving an option to litigants to be represented by their lawyers virtually.

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

More Articles Like This

- Advertisement -