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Delhi HC quashes President’s order disqualifying AAP MLAs

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Delhi HC quashes President's order disqualifying AAP MLAs

The Delhi High Court on Friday, March 23, set aside Presidential notification disqualifying 20 Aam Aadmi Party MLAs from Delhi legislative assembly.

The President, on recommendation from the Election Commission (EC), had disqualified the MLAs for holding “office of profit”.

The High Court quashed the order, saying, “Opinion of the Election Commission of India is vitiated and bad in law for failure to comply with the principles of natural justice,” and referred the case back to EC for reconsideration.

The High Court bench, comprising Justices Sanjiv Khanna and Chander Shekhar, was hearing a petition filed by all the 20 MLAs, who had challenged the order contending that “there was no communication to us (AAP MLAs) from the Election Commission (EC) about the hearing before it. It is in complete violation of natural justice.”

The petition added: “It is also that even a temporary government employer cannot be removed on the grounds of misconduct without holding a full-fledged inquiry. However, in the present case, the members of the legislative assembly were removed without holding a full-fledged inquiry and without giving them an opportunity to explain if they ever held any office of profit.”

The court said the poll panel ‘s recommendation on January 19 was vitiated because of the failure to give the MLAs an oral hearing or opportunity to address their argument on merits.

AAP convener and Delhi Chief Minister Arvind Kejriwal called the HC’s order a victory for the people of Delhi. “Satya ki jeet hui. Delhi ke logon dwara chune huye pratinidhi ko galat tareeke se barkhaast kia gaya tha. Delhi HC ne Delhi ke logon ko nyaay diya. Delhi ke logon ki badi jeet. Delhi ke logon ko badhai (Truth has won. Elected representatives of Delhi were wrongly dismissed. Delhi High Court has given justice to the people of Delhi. This is a big victory for the people of Delhi and I congratulate them),” he tweeted.

With their disqualification revoked, AAP MLAs can now join assembly proceedings. The party has a majority in the Delhi Assembly.

The High Court order also puts an end to speculation about the likelihood of by-elections to the constituencies of these MLAs following the President’s order. BJP was hoping to improve its tally in Delhi Assembly, where it has a total of merely three MLAs at present, banking on the projected image of Prime Minister Narendra Modi and the tactics of BJP president Amit Shah. The party will now have to wait longer.

The office of profit case pertains to the appointment of the MLAs as Parliamentary Secretaries in the Arvind Kejriwal cabinet. The appointment, however, was set aside by the Delhi High Court on September 8, 2016, on the basis that they were appointed without prior concurrence with the Delhi Lieutenant Governor.

They had been appointed parliamentary secretary by the Arvind Kejriwal government in 2015.

Soon after their appointment, a huge controversy erupted with complaints being registered with the Election Commission.

On January 19, the EC recommended the AAP MLAs be disqualified for holding offices of profit. On January 21, President Ram Nath Kovind approved the disqualification. The EC was referring to the fact the MLAs had been appointed parliamentary secretaries to ministers in the Delhi government in March 2015. The poll panel had submitted that the legislators cannot claim that they were not holding office-of-profit. It had also claimed that these MLAs’ pleas were not maintainable and were liable to be dismissed.

The MLAs who had been axed were Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar and Nitin Tyagi.

The 20 disqualified AAP MLAs had moved the High Court on January 23 against the presidential order disqualifying them for holding office of profit as ‘parliamentary secretaries’ in the Delhi government.

A single-judge bench of the High Court on January 24 had refused to stay the Centre s notification disqualifying the MLAs, but had directed the Election Commission to maintain status quo on the disqualification by withholding the announcement of bypoll dates for the Delhi Assembly seats that would have fallen vacant if the MLAs were disqualified.

After the case was transferred to the Delhi high court bench of justices Sanjiv Khanna and Chander Shekhar it was heard on a day-to-day basis. The Bench wrapped up hearings in the case on February 28, and reserved its judgment after the legislators, the EC and other parties had concluded their arguments.

In response to a query from the bench during the hearings, AAP MLAs had agreed to have the case sent back to the poll panel so that the MLAs could be granted an oral hearing.

Senior advocates KV Vishwanathan and Mohan Parasaran appearing for the MLAs had challenged their disqualification on the grounds of violation of the principles of natural justice.

It was further argued that the post of parliamentary secretary could not be considered as an ‘office of profit’ as there was no element of ‘profit’ or pecuniary benefit attached to it. The post was similar to that of an intern to a minister, it was submitted.

Amit Sharma, appearing for the Election Commission, submitted before the bench that the existence of pecuniary benefit was not the only requirement to establish an office of profit. It was argued that discharging executive duties and function as parliamentary secretaries also constituted an office of profit. It was further stated that principles of natural justice were sufficiently complied with by providing the MLAs an opportunity to file their written submissions in their defence.

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Congress seeks 175-200 seats in UP, Samajwadi Party stresses on winnability

Congress has initiated seat-sharing talks with the Samajwadi Party for the 2027 UP Assembly elections, seeking to contest 175–200 seats. The SP has emphasised winnability as the key criterion for allocating constituencies.

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Bypoll update: BJP leads in UP's Milkipur, DMK eyes victory in Erode East

The Congress has formally initiated seat-sharing discussions with the Samajwadi Party (SP) for the 2027 Uttar Pradesh Assembly elections, submitting an initial list of constituencies it wants to contest as part of an alliance.

Congress’ Uttar Pradesh in-charge Rajendra Pal Gautam said the party had shared a list covering between 175 and 200 seats with Samajwadi Party leaders a few days ago. Detailed discussions on the distribution of constituencies are expected to follow.

The Uttar Pradesh Assembly has 403 seats. While the Congress is seeking a substantial share in the proposed alliance, the Samajwadi Party has emphasised that candidates’ electoral winnability should determine seat allocation.

A senior SP leader said the party’s position was guided by the principle that winnability should remain the primary criterion. The leader also cautioned against treating initial demands as a basis for a final agreement.

Why the Congress wants a larger share of seats

The Congress believes its performance in the 2024 Lok Sabha elections has strengthened its position in Uttar Pradesh. The party won six parliamentary seats in the state while its ally, the Samajwadi Party, secured 37. The BJP won 33 seats.

Congress leaders have argued that the results demonstrated the electoral potential of the alliance and the importance of allowing both parties a meaningful role in the upcoming Assembly contest.

However, the party’s recent Assembly election record presents a different picture. The Congress won only two seats in the 2022 Uttar Pradesh Assembly elections, down from seven in 2017, when it contested in alliance with the Samajwadi Party.

The difference between its performance in the parliamentary and Assembly elections is likely to be an important consideration in the seat-sharing negotiations.

Akhilesh Yadav stresses opposition unity

Samajwadi Party chief Akhilesh Yadav has maintained that the Congress, the SP and the INDIA bloc need to work together to defeat the BJP in Uttar Pradesh.

Speaking to reporters in Lucknow on Friday, Yadav said the alliance would move forward effectively towards that objective. His remarks indicated that the two parties remain committed to cooperation even as discussions over the distribution of seats continue.

The challenge for both sides will be to reach an arrangement that accommodates their respective political ambitions while taking the electoral strength of individual candidates and constituencies into account.

Congress leadership changes amid alliance talks

The Congress has also reorganised its Uttar Pradesh leadership ahead of the Assembly elections. Aradhana Misra was appointed as the state unit chief, replacing Ajay Rai.

The leadership change is believed by some Congress leaders to be part of efforts to facilitate a workable arrangement with the Samajwadi Party. Misra is considered to have good relations with the SP leadership.

Congress leaders have expressed hope that negotiations will produce a reasonable seat-sharing agreement and confirmed that the two parties intend to contest the 2027 Uttar Pradesh elections together.

The final seat allocation, however, remains undecided. Both parties will need to reconcile the Congress’ demand for a larger share with the SP’s emphasis on winnability before the alliance can settle on a constituency-wise arrangement.

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Thousands bang utensils, beat drums in Manipur protest over continued killings

Thousands of people staged a sound protest across Manipur’s five valley districts on Friday, October 23, banging utensils, beating drums and honking vehicle horns to protest continued killings and the prolonged ethnic conflict.

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Thousands of people across Manipur’s five valley districts took to the streets on Friday evening, October 23, to stage a sound protest against continued killings, the prolonged ethnic conflict and the government’s failure to restore normalcy.

Residents in several localities of Imphal banged utensils, beat drums, struck electric poles with hammers and honked vehicle horns between 7:30 pm and 8 pm. The demonstration was intended to draw the authorities’ attention to public grievances and demands amid continuing unrest.

The protest reflected growing frustration among residents over the unresolved conflict and the lack of progress towards restoring peace in the state.

Protesters march towards Kangla

During the demonstration, protesters marched towards Kangla, the historic political and cultural centre of the erstwhile Manipur kingdom. The site is located close to Lok Bhavan and the chief minister’s secretariat in Imphal.

Security forces stopped several groups at Palace Compound, Moirangkhom and Keisampat junctions. Hundreds of other protesters reached the entrance to Kangla but were prevented from entering the fort premises.

Police later fired tear gas shells to disperse demonstrators gathered near Lok Bhavan. Barricades were also erected in the area after 8 pm.

Federation of Haomee called for the protest

The demonstration was organised in response to a call by the Federation of Haomee, a civil society organisation that urged residents to make noise between 7:30 pm and 8 pm.

The organisation’s call came amid anger over the continuing ethnic conflict and demands for effective action to restore peace in Manipur.

A protester said the demonstration was intended to make leaders hear the public’s suffering, adding that repeated appeals and demands had not received adequate attention.

Fresh killings add to tensions in Manipur

The protest took place amid renewed tensions following recent killings in the state. On October 18, three Meitei civilians who had reportedly gone to collect firewood near the Khongbal Tangkhul foothills in Imphal East district were killed in an attack, triggering protests and demands for stronger security measures.

The killings were followed by a 48-hour statewide shutdown and demonstrations in which grieving villagers brought the bodies of two victims to the chief minister’s residence.

The latest sound protest adds to the public demonstrations over the continuing violence and the demand for a return to normalcy in Manipur.

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MEA responds after ITBP chief flags ongoing face-offs with China in Arunachal

India said deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control, as the government addressed remarks by the ITBP chief about ongoing face-offs in Arunachal Pradesh.

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MEA

India on Friday said that deviations by Chinese forces from established patrolling patterns periodically disturb the situation along the Line of Actual Control (LAC). The Ministry of External Affairs (MEA) made the remarks amid reports of continuing face-offs between Indian and Chinese forces at multiple locations in Arunachal Pradesh.

MEA spokesperson Randhir Jaiswal addressed the issue during a regular media briefing on October 23, following remarks by Indo-Tibetan Border Police (ITBP) Director General Shatrujeet Kapur about the ongoing confrontations along the border.

“As we have noted in the past, the situation in the India-China border areas gets disturbed from time to time when Chinese forces diverge from established patrolling patterns,” Jaiswal said.

He also reiterated that maintaining peace and tranquillity in the border areas was essential for the overall development of bilateral relations between India and China.

MEA stresses diplomatic and military engagement

Jaiswal said India and China continued to use existing diplomatic and military mechanisms to resolve outstanding issues and prevent misunderstandings and miscalculations along the LAC.

He added that both countries had agreed to discuss ways to improve their understanding of the LAC in appropriate areas to strengthen border management.

The spokesperson did not elaborate on the specific confrontations mentioned by the ITBP chief, with further questions on the details referred to the Ministry of Defence, according to reporting on the briefing.

ITBP chief confirms ongoing face-offs in Arunachal Pradesh

A day before the MEA briefing, Kapur said face-offs between Indian and Chinese forces had occurred at several locations in Arunachal Pradesh in recent days and that the situation was continuing.

Speaking to ITBP personnel at a base in Alwar, Rajasthan, on Thursday, Kapur also discussed the force’s efforts to strengthen its operational capabilities along the border.

He said the ITBP had mobilised its newly raised Shaurya commando unit during the ongoing face-offs. He also highlighted the creation of drone platoons for border units and the development of a new training course to prepare personnel for battles similar to the 2020 Galwan Valley clash.

The remarks came as the ITBP continued its modernisation efforts, including a greater focus on specialised training and emerging warfare technologies.

Border management remains central to India-China ties

The latest statements underline the importance India places on maintaining peace along the disputed boundary while addressing unresolved issues through diplomatic and military channels.

India and China have continued engagements aimed at managing tensions along the LAC. However, reported confrontations at multiple locations in Arunachal Pradesh have brought the border situation back into focus.

The MEA reiterated that peace and tranquillity along the border remained essential for the broader development of bilateral relations, while emphasising continued engagement to improve border management.

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