The Election Commission (EC) on Tuesday issued an order dismissing the Aam Aadmi Party (AAP) MLAs’ petition seeking summoning and cross-examining witnesses, including that of officials in the Delhi Government, in the office-of-profit case.
Dismissing the petition by the AAP MLAs filed on September 11, 2018, the ECI in its order said, “No cogent reason was given for calling witnesses.
Documents mentioned in application are all self-explanatory, when read in conjunction with other related documents available on record and no later act or event has altered meaning of words used in these documents.”
The EC order made a critical observation against AAP MLAs for failing to file the application seeking oral examination of witnesses in respect of specific documents, in the required format.
“The applicants/respondents had sought time to make and submit the said application and ample time was granted to them by allowing their prayer for adjournments on two occasions... Despite this, they have filed an application which is not only in flagrant violation of the format prescribed under the ECI procedure but the omissions have been made in relation to necessary information, making it impossible for this application to be granted”.
The EC also noted that the omission “to supply the names of the witnesses, their address, the specific document or fact in relation to which that particular witness is required to be called”, as in the 39-page application “strikes” formed “the very core of it”. Under circumstances, it was left “with no choice but to reject the application”.
The EC also said the AAP MLAs did not file consolidated application seeking examination of witnesses in required format. They filed application, which is “not only in flagrant violation of formal prescribed by EC” but also omissions have been made without necessary information.