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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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India News

PM Modi extends birthday wishes to President Droupadi Murmu, praises her leadership

Prime Minister Narendra Modi wished President Droupadi Murmu on her birthday, praising her dedication, leadership and inspiring rise to India’s highest constitutional office.

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8 hours ago

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June 20, 2026

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PM Narendra Modi

Prime Minister Narendra Modi on Saturday extended warm birthday greetings to President Droupadi Murmu, praising her dedication to public service and describing her life journey as a source of inspiration for people across the country.

In a message shared on social media, the Prime Minister lauded President Murmu’s commitment to the nation and highlighted her efforts toward the welfare of the poor and marginalised sections of society. He said her leadership and service continue to motivate citizens.

Modi also wished the President a long and healthy life, noting that her rise to the highest constitutional office reflects the strength of India’s democratic values. He said her journey gives hope to millions and serves as an example of perseverance and public service.

President Murmu, who was born on June 20, 1958, assumed office as the 15th President of India in July 2022. She made history as the first person from a tribal community to become President and the second woman to hold the post.

Her political and public life has included service as a legislator in Odisha, a minister in the state government and Governor of Jharkhand before she was elected President.

The President’s journey from Odisha’s Mayurbhanj district to Rashtrapati Bhavan is often cited as a symbol of social mobility and inclusive representation in Indian democracy.

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Education

NEET re-exam 2026: Nagpur student allotted Abu Dhabi centre after alleged technical glitch

A Nagpur student appearing for the NEET UG 2026 re-examination was reportedly assigned an exam centre in Abu Dhabi, triggering concerns about a possible technical error.

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8 hours ago

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June 20, 2026

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NEET PG Counselling 2021

A NEET UG 2026 aspirant from Nagpur was left shocked after his re-examination admit card reportedly allotted an examination centre in Abu Dhabi, around 2,500 kilometres away from his hometown, raising concerns over possible technical errors in the examination process.

The student, identified as Abdullah Mohammad Talib, is scheduled to appear for the NEET UG 2026 re-examination on June 21. However, when he downloaded his hall ticket, he found that his assigned test centre was located in Abu Dhabi, despite being based in Nagpur.

According to reports, the unexpected allotment has caused significant distress to the student and his family. They pointed out that the candidate does not possess a passport, making international travel impossible within such a short timeframe.

The incident comes amid reports of technical difficulties faced by some candidates while accessing NEET UG 2026 re-examination admit cards. The National Testing Agency (NTA) has previously acknowledged server-related and technical glitches affecting certain students and said its teams were working to resolve the issues.

The NEET UG 2026 re-examination is scheduled to be conducted on June 21, with the NTA having issued fresh admit cards and exam-related advisories for eligible candidates.

The student’s family is now seeking immediate intervention from the authorities to ensure that a suitable examination centre is allotted before the test date.

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India News

Father’s Day 2026: date, history, significance and budget-friendly gift ideas for dads

Father’s Day 2026 falls on June 21. Learn about its history, significance, celebration traditions and affordable gift ideas to honour fathers and father figures.

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9 hours ago

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June 20, 2026

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Father’s Day 2026 will be celebrated on Sunday, June 21, offering families an opportunity to honour fathers and father figures for their love, support, guidance and sacrifices. In India, as well as in several countries including the United States, the United Kingdom and Canada, the occasion is observed on the third Sunday of June every year.

The day is dedicated not only to fathers but also to grandfathers, stepfathers, guardians and mentors who play an important role in shaping lives and supporting families.

When is Father’s Day 2026?

Father’s Day 2026 falls on June 21, which is the third Sunday of June. The date changes each year, but the tradition of celebrating it on the third Sunday of June remains the same in many countries, including India.

History of Father’s Day

The modern observance of Father’s Day is widely linked to Sonora Smart Dodd of Spokane, Washington. Inspired by Mother’s Day celebrations, she wanted to honour her father, William Jackson Smart, a Civil War veteran who raised six children as a single parent after his wife’s death. Her efforts led to one of the earliest Father’s Day celebrations in Spokane on June 19, 1910.

Over the following decades, support for the observance grew across the United States. Father’s Day was officially recognised as a national holiday in 1972 when then-US President Richard Nixon signed a proclamation establishing it as an annual celebration.

Significance of Father’s Day

Father’s Day serves as a reminder to acknowledge the contribution of fathers and father figures in family life. The occasion recognises their role in providing emotional support, guidance, protection and encouragement. It is also an opportunity for families to express gratitude and strengthen their bonds through meaningful interactions and shared experiences.

How is Father’s Day celebrated?

People celebrate Father’s Day in different ways, depending on family traditions and personal preferences. Common celebrations include:

  • Spending quality time with family
  • Organising a special meal or outing
  • Giving greeting cards and gifts
  • Sharing heartfelt messages and memories
  • Planning activities based on a father’s hobbies and interests

Many families are increasingly choosing experiences such as dining outings, creative workshops and family gatherings over traditional gifts.

Budget-friendly Father’s Day gift ideas

You do not need to spend a large amount of money to make Father’s Day special. Some thoughtful and affordable gift options include:

  • A handwritten letter expressing gratitude
  • A personalised photo frame or photo collage
  • A notebook, planner or quality pen
  • A customised coffee mug
  • A favourite book
  • Homemade snacks or a special meal
  • A keychain with a personal message
  • A DIY greeting card
  • A playlist featuring your father’s favourite songs
  • A family memory scrapbook

Personalised and heartfelt gifts often carry more emotional value than expensive presents and can become cherished keepsakes.

Father’s Day 2026, which falls on June 21, is an occasion to celebrate the love, sacrifices and guidance provided by fathers and father figures. Whether through a thoughtful gift, a heartfelt message or simply spending time together, the day offers a meaningful opportunity to show appreciation and create lasting memories.

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