English हिन्दी
Connect with us

India News

Delhi HC quashes President’s order disqualifying AAP MLAs

Published

on

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.

India News

Indore voter deletions: 1.36 lakh names, but digital records not maintained

Replies to an RTI concerning 1,36,552 voter deletions in Indore in 2022 said several constituency offices had not maintained the requested digital records.

Published

on

MP High Court

RTI replies concerning 1,36,552 voter deletions in Indore in 2022 said several constituency offices had not maintained the requested digital records from Garud and ERO Net. 

The deletions took place between January 5 and October 15, 2022, and therefore predate the current Special Intensive Revision (SIR) exercise. However, the subsequent RTI correspondence has brought attention to how records related to those deletions were maintained.

RTI replies say digital records were not maintained 

The RTI application, filed by former Indore councillor Dilip Kaushal, sought information related to entries made through the Garud app and ERO Net, along with material concerning decisions taken by Electoral Registration Officers.

Several constituency election offices responded that the requested digital records had not been maintained.

The Depalpur election office said it had not maintained digital records relating to ERO Net or the Garud app used by Booth Level Officers. Similar responses came from officials in Indore-2, Indore-5, Rau and Sanwer.

The Indore-1 and Indore-3 offices said requested digital material, including video and other copies, had not been maintained because there were no Election Commission instructions to preserve such records at the time.

The Indore-4 office said the deletion process through Garud and ERO Net was routine work carried out under Election Commission instructions, but the constituency office had not maintained the digital material sought in the RTI application.

1.36 lakh deletions across Indore constituencies

The 1,36,552 deletions cited in the application were spread across several Assembly constituencies.

Indore-4 accounted for 28,391 deletions, while Indore-5 recorded 28,091. Rau had 21,346 deletions.

The application also listed 19,983 deletions in Indore-2, 12,102 in Indore-1 and 8,107 in Indore-3. Sanwer accounted for 8,531 deletions and Depalpur for 2,214.

Together, Indore-4 and Indore-5 accounted for 56,482 deletions, while adding Rau’s figure took the combined total to 77,828.

Madhya Pradesh High Court directs action on RTI appeal

Kaushal pursued the matter after receiving the replies and filed a second appeal before the State Information Commission.

The Madhya Pradesh High Court has now directed the State Information Commission to decide the pending appeal on its merits and in accordance with law.

Justice Sandeep N Bhatt’s September 17 order asked the authority to decide the matter as expeditiously as possible, preferably within 45 days of receiving a certified copy of the order, and communicate the outcome to Kaushal.

The appeal had been pending since January 30, 2026.

Kaushal had also raised the issue with Chief Election Commissioner Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, and the Madhya Pradesh Chief Electoral Officer in July 2025.

The RTI trail relates to voter deletions carried out in 2022 and does not itself establish that the deletions were part of the current SIR exercise.

Continue Reading

India News

Yogi Adityanath transfers over Rs. 148 crore to 4.60 lakh students

Uttar Pradesh Chief Minister Yogi Adityanath transferred over Rs. 148 crore to the bank accounts of more than 4.60 lakh students under the state’s scholarship and fee reimbursement programme.

Published

on

Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath transferred more than Rs. 148 crore in scholarship and fee reimbursement funds to over 4.60 lakh students on Saturday, according to the report.

The funds were transferred to students through their bank accounts as part of the state’s scholarship and fee reimbursement programme.

The initiative covers students from different social and economic categories and is aimed at ensuring that financial difficulties do not prevent them from continuing their education.

Yogi Adityanath’s message to students

During the programme, the Uttar Pradesh Chief Minister said that no student should have to discontinue education because of a lack of funds.

He stressed the government’s commitment to providing students with equal opportunities to pursue their education and move forward in life.

The scholarship and fee reimbursement support is intended to provide financial assistance to eligible students while helping them continue their studies.

Scholarship support for UP students

The latest transfer covers more than 4.60 lakh students and involves over Rs. 148 crore in financial assistance. The programme includes scholarship and fee reimbursement support for eligible students.

Other reports on the October 3 distribution said the amount covered students belonging to the Other Backward Classes, Scheduled Castes, general category and minority communities.

The Uttar Pradesh government has also highlighted the use of automation in the scholarship distribution process, saying it has improved transparency and helped ensure timely payments to students.

Continue Reading

India News

Tariffs, export controls increasingly used for strategic purposes, says PM’s Principal Secretary

PM’s Principal Secretary P K Mishra said tariffs, export controls and other restrictions are increasingly being used for strategic purposes amid growing global economic uncertainty.

Published

on

PM’s Principal Secretary P K Mishra has said tariffs, export controls and other restrictions are increasingly being deployed for strategic purposes as countries deal with greater economic uncertainty and disruptions to global supply chains.

Speaking at the Kautilya Economic Conclave in New Delhi on Saturday, Mr Mishra highlighted the changing nature of economic risks and the need for countries to build resilience without withdrawing from the global economy.

He said the distinction between conventional risks and uncertainty has become increasingly important for economic decision-making. While risks can generally be assessed in terms of probability, uncertainty makes it more difficult to determine the likelihood of different outcomes.

Tariffs and restrictions becoming strategic tools

Mr Mishra said economic disruptions are no longer limited to traditional market risks. Wars, interruptions to shipping routes and geographical choke points can affect food, energy and supply chains across countries.

Referring to such developments, he said tariffs can sometimes become instruments of weaponisation, while other restrictions are increasingly being used for strategic purposes.

He also said export restrictions, sanctions and tariffs can serve purposes beyond conventional commercial objectives, bringing geopolitical considerations more prominently into economic policymaking.

The comments came against the backdrop of discussions on economic resilience at the fifth Kautilya Economic Conclave, whose theme focuses on dealing with global shocks while preserving growth and openness.

India focuses on economic resilience

Mr Mishra said India’s economic strength is supported by its macroeconomic fundamentals and that the country has maintained a high level of growth despite global uncertainty.

He argued that resilience does not require choosing between complete self-sufficiency and globalisation. Instead, countries need to build domestic capabilities in strategically vulnerable areas, diversify sources of supply where concentration creates risks and remain open where global integration supports productivity and competitiveness.

India’s electronics sector, along with pharmaceuticals and semiconductors, provides examples of areas where domestic capabilities can help reduce vulnerability while remaining connected to global markets, he said.

Geography becomes an economic factor

Mr Mishra also pointed to the impact of disruptions around major shipping routes. He said geographical choke points can become sources of vulnerability, particularly for a country such as India that is a major energy importer.

He said India’s response has included maintaining stocks, increasing domestic production where possible and diversifying procurement and supply routes.

The broader issue, according to Mr Mishra, is how economies can preserve the gains of globalisation while becoming less vulnerable to shocks and excessive concentration in particular suppliers or geographical regions.

He said building resilience carries an economic cost, meaning governments need to assess where investment in resilience is justified by the potential economic and social impact of a disruption.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com