The High Court on Wednesday has asked the Election Commission not to announce by-election for the 20 seats, held by Aam Aadmi Party (AAP) MLAs disqualified from Delhi Assembly.
The court in its rule has asked the Election Commission to wait till it hears the claim of Aam Aadmi Party (AAP) lawmakers on disqualification issue. It will next hear the case on Monday.
The High Court is hearing three petitions filed by AAP lawmakers after President Ram Nath Kovind signed off an Election Commission recommendation to disqualify them along with 17 others for having held the post of parliament secretary.
The AAP lawmakers in the appeal have requested the court to cancel Election Commission’s order to disqualify them, alleging that they were not given fair chance to defend themselves.
If the disqualification is upheld by the court, elections will be held for 20 seats. Arvind Kejriwal-led AAP government will still be in the government.
The Election Commission on Friday had recommended to the President Ram Nath Kovind that the 20 MLAs were liable for disqualification for holding offices of profit between March 13, 2015 and September 8, 2016, following which President Kovind gave his acceptance on Saturday.
The MLAs were appointed parliamentary secretaries, who assist ministers with their work and this was described as them holding offices of profit by petitioner Prashant Patel. The party insisted that despite holding the office, these MLAs did not take any salaries or perks.