The Delhi High Court on Wednesday refused to stay Union law Ministry’s notification disqualifying 20 AAP MlAs for holding “office of profit”, but restrained the Election Commission (EC) from taking any “precipitate measures” like announcing dates for bypolls till January 29.
The court said the matter required consideration, and hence it would hear it on a day-to-day basis from January 29 onwards. It also said the court will extend its direction restraining the EC from taking any “precipitate measures” if required.
Justice Vibhu Bakhru, who heard the petition of the disqualified AAP MlAs, sought the EC and the Centre’s response on the AAP legislators’ pleas challenging their disqualification.
Justice Bakhru also summoned the entire records pertaining to the proceedings leading to the recommendation of the EC for the disqualification.
“The EC should produce the record on or before the next date of hearing on January 29,” Justice Bakhru said.
The court’s interim directions came after senior advocate KV Vishwanathan, appearing for five of the 20 AAP MlAs, said in case the court does not stay the Centre’s notification, it should at least ask the EC to withhold the bypolls.
The counsel submitted that if the poll panel is not restrained, their whole purpose will be defeated. He also sought that the disqualified legislators be allowed to function as MlAs till a final order is passed on their pleas. To this, advocate Amit Sharma, appearing for EC, said he did not see any reason to disturb the present position till the next date of hearing.
The EC counsel also opposed Delhi Government being arrayed as a party to the MlAs’ petition saying it had filed an impleadment application before the poll panel which was dismissed.