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Delhi HC quashes President’s order disqualifying AAP MLAs

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8 years ago

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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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PM Modi pays tribute to Atal Bihari Vajpayee at Sadaiv Atal, says leadership is defined by conduct

PM Modi paid tribute to Atal Bihari Vajpayee at Sadaiv Atal, saying true leadership is defined by conduct and values, not by position.

Published

23 hours ago

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December 25, 2025

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PM Modi pays tribute to Atal Bihari Vajpayee at Sadaiv Atal, says leadership is defined by conduct

Prime Minister Narendra Modi on Thursday paid floral tributes to former Prime Minister Atal Bihari Vajpayee at the ‘Sadaiv Atal’ memorial in New Delhi on the occasion of his 101st birth anniversary. Remembering Vajpayee’s legacy, the Prime Minister said that true leadership is not established by position, but by conduct.

Several dignitaries were present at the memorial to pay homage to the former Prime Minister, who remains one of the most respected figures in Indian politics.

PM Modi remembers Vajpayee’s conduct and values

In a message shared on social media platform X, Prime Minister Modi described Atal Bihari Vajpayee as a statesman whose behaviour, dignity and unwavering commitment to national interest set a benchmark for Indian politics. He said Vajpayee’s life continues to inspire the nation and highlights that leadership is determined by character rather than authority.

The Prime Minister also shared a Sanskrit verse, noting that the actions of great leaders guide society, and said this principle was clearly reflected throughout Vajpayee’s public life.

‘Nation always came first for Atal ji’

Prime Minister Modi further said that Vajpayee’s birth anniversary is an opportunity for everyone to draw inspiration from his life. He highlighted Vajpayee’s conduct, grace, ideological firmness and resolve to place the nation’s interest above all else as an ideal standard for public life.

Through his life and work, Vajpayee demonstrated that excellence and greatness are shaped by values and conduct, not merely by holding office, the Prime Minister said. The remarks were shared with inputs from media.

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Cried over Gaza, not a word on Bangladesh: Yogi Adityanath attacks opposition in UP Assembly

Yogi Adityanath criticised the opposition in the UP Assembly, accusing them of selective outrage over Gaza while remaining silent on violence against Hindus in Bangladesh.

Published

23 hours ago

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December 25, 2025

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Wednesday launched a sharp attack on the Opposition during proceedings in the State Assembly, accusing rival parties of indulging in selective outrage and appeasement politics while remaining silent on incidents involving Hindus in neighbouring countries, particularly Bangladesh.

Referring to recent incidents across the border, the Chief Minister said the Opposition raises its voice on international issues selectively but avoids speaking out when minorities, especially Hindus, are targeted in nearby nations.

“You shed tears over developments in Gaza, but not a single word comes out when a Dalit youth is killed in Bangladesh,” Adityanath said in the Assembly, alleging that such silence exposes the Opposition’s political priorities.

The Chief Minister further claimed that incidents of violence against Hindus would not have occurred had Pakistan and Bangladesh not been created, reiterating that issues are often viewed through the prism of vote bank politics. He said candle marches are organised for global events, but killings of Hindus in Pakistan or Bangladesh do not evoke similar responses.

Adityanath also called for a condemnation resolution in the Assembly, stating that it should ideally come from the Leader of the Opposition. He said such a resolution should clearly condemn the killing and convey a warning to the Bangladesh government.

Allegations over illegal immigration

Targeting the Opposition on the issue of illegal immigration, the Chief Minister alleged that they support Bangladeshi nationals and Rohingyas. He claimed that when authorities take action to expel illegal immigrants, Opposition leaders come out in their defence, alleging that many of them have been facilitated with voter registrations and Aadhaar cards.

Meanwhile, tensions between India and Bangladesh have been visible following recent developments. India summoned the Bangladesh High Commissioner for the second time in a week amid concerns arising from incidents in the neighbouring country.

The summons came in the backdrop of protests in Bangladesh following the killing of student leader Sharif Osman Hadi and the lynching of Dipu Chandra Das in separate incidents. Dipu Das, a 27-year-old youth from Mymensingh district, was beaten to death by a mob over alleged blasphemy on December 18, and his body was later set on fire, triggering widespread outrage.

The Interim Government of Bangladesh condemned the incident. Education Adviser C R Abrar visited the bereaved family on behalf of the government, expressed condolences, and assured them of financial and welfare assistance. The Office of the Chief Adviser also reiterated its resolve to protect all citizens and ensure justice in the case.

The killing has once again raised concerns at the international level over the safety and security of minorities in Bangladesh, with minority groups demanding strict action against those responsible.

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Christmas 2025 wishes for WhatsApp and Instagram status to share joy and warmth

From faith and kindness to love and joy, here are simple Christmas 2025 wishes you can use as WhatsApp and Instagram status messages.

Published

24 hours ago

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December 25, 2025

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Merry christmas

As Christmas 2025 is being celebrated across the world, people are marking the occasion by sharing warm messages with family, friends and loved ones. The festival commemorates the birth of Jesus Christ and is observed as a time of faith, kindness and togetherness. Along with prayers, gifts and festive meals, social media platforms like WhatsApp and Instagram have become popular spaces for expressing Christmas greetings.

Christmas is traditionally associated with reflecting God’s love through generosity and compassion, while also strengthening bonds with close ones. Many people choose short, meaningful lines as their social media status to capture the spirit of the day and convey goodwill.

Here is a curated list of loving Christmas 2025 wishes that can be used as WhatsApp or Instagram status messages on the joyful occasion:

  1. Merry Christmas! May your day be filled with love, laughter and your favourite moments.
  2. Wishing you a Christmas as bright and cheerful as your smile.
  3. May your heart be full of joy and your home be filled with love this Christmas.
  4. Sending warm Christmas wishes with a touch of festive magic.
  5. Merry Christmas! May peace and happiness surround you today.
  6. It’s the most wonderful time of the year. Wishing you a Merry Christmas.
  7. May the spirit of Christmas bring love to your heart and warmth to your home.
  8. Wishing you a Christmas that is merry, bright and full of cheer.
  9. May your Christmas be rich with laughter, love and cherished traditions.
  10. Sending love, joy and the warmest Christmas wishes your way.
  11. Merry Christmas! Celebrate the day with family, friends and good food.
  12. Wishing you a Christmas filled with magic, wonder and joy.
  13. May the joy of Christmas stay with you throughout the year.
  14. Wishing you a Christmas as special as you are.
  15. Merry Christmas! Wishing happiness and good fortune always.

These short messages reflect the essence of Christmas 2025 and can be easily shared as status updates to spread positivity and festive warmth.

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