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Delhi HC quashes President’s order disqualifying AAP MLAs

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6 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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Manipur Chief Minister Biren Singh meets Governor for second time, seeks control of Unified Command

The Chief Minister’s advocacy for the Unified Command Authority is perceived as an attempt to consolidate authority and streamline decision-making within the state’s security structure.

Published

17 hours ago

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September 8, 2024

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Manipur Chief Minister N Biren Singh along with his MLAs and Ministers from the ruling BJP met Governor Lakshman Prasad Acharya on Sunday for the second time in two consecutive days, seeking the control of the Unified Command and abrogation of the Suspension of Operations (SoO) agreement with the Kuki militant groups.

Before today’s meeting, Chief Minister Singh along with ruling MLAs met the Governor on Saturday evening too and briefed him about the fresh violence in the state that took six lives in Jiribam district.

According to reports, the Sunday meeting, which took place for hours, was a follow-up meeting between the CM and the Governor, which lasted over 30 minutes on Saturday night at Raj Bhawan, in Imphal.

Today’s meeting, according to the report, regarding the demand for adequate powers and responsibilities to the elected state government as per the Constitution by handing over Unified Command, which brings Central and State forces and local administration together to ensure the maintenance of law and order in the state.

The Unified Command was formed by the Centre in May 2023, with Kuldiep Singh, former Director General of CRPF, taking its Command in order to control the ethnic conflict in the state.

The list of demands includes another crucial request to abolish the Suspension of Operations agreement between the government and Kuki insurgent groups, allowing the security forces to take decisive action.

Earlier this year, an all-party meeting in Manipur urged both the Centre and the state government to annul the agreement, enabling security forces to launch comprehensive operations against the Kuki insurgents.

During the meeting, which was presided over by the Chief Minister, Opposition MLAs raised concerns about why the Centre and the state government had not disclosed the imposition of Article 355 of the Constitution in Manipur.

Article 355 obligates the Union to safeguard every state against external aggression and internal disturbance, and its invocation indicates that the state is perilously close to being placed under President’s rule.

The Chief Minister’s advocacy for the Unified Command Authority is perceived as an attempt to consolidate authority and streamline decision-making within the state’s security structure.

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PM Modi announces Rs 2 lakh ex-gratia for next of kin, Rs 50,000 for injured in Lucknow building collapse

CM Yogi has also wished for the speedy recovery of the injured.

Published

18 hours ago

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September 8, 2024

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Prime Minister Narendra Modi on Sunday announced an ex-gratia of Rs 2 lakh each for the families of the deceased and Rs 50,000 for those injured in the building collapse at Transport Nagar in Uttar Pradesh’s Lucknow on Saturday evening.

According to officials, the incident, which involved a three-storeyed medical warehouse collapsing, resulted in the deaths of eight people and left 28 others injured. The injured people were admitted to three hospitals in the Krishna Nagar area, with some already discharged.

PM Modi expressed his grief over the loss of lives due to the building collapse and also prayed for the speedy recovery of the injured people.

In a post on X, PM Modi said, “The loss of lives due to a building mishap in Lucknow, Uttar Pradesh, is saddening. Prayers with those who lost their loved ones. May the injured recover soon.”  

“An ex-gratia of Rs. 2 lakh from PMNRF would be given to the next of kin of each deceased. The injured would be given Rs. 50,000,” he added.

Lucknow’s Joint Commissioner of Police (Law and Order), Amit Verma, announced that a committee will be formed to investigate the building collapse.

Speaking to news agency ANI, Verma said a committee will investigate the reasons behind the collapse. Structural engineers and experts will provide insights into the cause, he added.

Meanwhile, an FIR has been registered against Rakesh Singhal, the owner of the Harmilap Building in the incident.

Uttar Pradesh Chief Minister Yogi Adityanath has also directed officials to expedite relief efforts. He had also asked officials to promptly transport the injured to the hospital for proper treatment. CM Yogi has also wished for the speedy recovery of the injured.

Additional Director General of Law and Order Amitabh Yash said that CM Yogi is continuously reviewing the situation and the relief and rescue operations.

The Chief Minister paid his condolences to the people who lost their lives in the incident.

Taking to X, he said the loss of life due to the collapse of a building in Lucknow district is extremely sad and heartbreaking. “My condolences are with the grieving families of the deceased,” he added.

He said instructions have been given to the concerned officials to conduct relief and rescue operations on a war footing and provide proper treatment to the injured. “I pray to Lord Shri Ram to give a place to the departed souls in his feet and provide speedy recovery to the injured,” CM added.

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Rahul Gandhi arrives in US, says look forward to engaging in meaningful discussions

During his visit from September 8-10, the Congress leader would hold numerous interactions in Washington DC and Dallas, including at the University of Georgetown and the University of Texas.

Published

20 hours ago

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September 8, 2024

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Leader of Opposition in Lok Sabha and Congress leader Rahul Gandhi on Sunday arrived in the US on a three-day visit during which he will hold meaningful discussions and insightful conversations to further strengthen the bond between India and America.

In a social media post on X, the Congress party said that Gandhi received a warm and enthusiastic welcome at Dallas Fort Worth International Airport.

“I am truly delighted by the warm welcome I’ve received in Dallas, Texas, USA, from the Indian Diaspora and members of the Indian Overseas Congress,” Gandhi, the Leader of Opposition in the Lok Sabha said in a Facebook post.

Sharing pictures of his arrival, Gandhi said: “I eagerly look forward to engaging in meaningful discussions and insightful conversations that will further strengthen the bond between our two nations during this visit.”

Indian Overseas Congress chairperson Sam Pitroda said last week that the Opposition leader is not coming to the US in his official capacity but will have a chance to interact with a variety of people on Capitol Hill at an individual level.

Gandhi will have interactions with the press at the National Press Club, he will meet with the think tank people and will also have interaction at Georgetown University which is equally important in Washington DC, Pitroda said of Gandhi’s first visit to the US since assuming the mantle of the Leader of Opposition in the Lok Sabha.

During his visit from September 8-10, the Congress leader would hold numerous interactions in Washington DC and Dallas, including at the University of Georgetown and the University of Texas.

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