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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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Ghaziabad schools, colleges to remain closed till August 12 for Kanwar Yatra

Ghaziabad has announced the closure of all schools, colleges and universities from August 4 to 12 due to the Kanwar Yatra. Scheduled examinations will continue as planned.

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The Ghaziabad district administration has ordered the closure of all schools, colleges, universities and technical institutions from August 4 to August 12 due to the heavy movement of Kanwar pilgrims during the ongoing Kanwar Yatra.

According to the official order issued on Monday, schools from Nursery to Class 12 across all education boards, including Basic Education Council, Secondary Education Council, CBSE, ICSE and Madrasa Board, will remain closed during the period. The decision has been taken to ensure the safety of students amid increased traffic and large gatherings associated with the annual pilgrimage.

The administration has clarified that while educational institutions will remain closed, examinations scheduled during this period will be conducted as per the existing timetable.

Shravan Shivratri to be observed on August 11

The District School Inspector, in an official circular, noted that the main festival of Shravan Shivratri will be celebrated in the district on August 11, 2026. With a large number of Kanwar pilgrims travelling through Ghaziabad since the beginning of the Shravan month on July 30, authorities have imposed the temporary closure as a precautionary measure.

The official order states that the closure applies to all government and private schools affiliated with various education boards across the district.

Colleges, universities also covered

The notification further states that all government and private colleges, universities and technical institutions in Ghaziabad will remain closed from August 4 to August 12. However, institutions conducting previously scheduled examinations have been permitted to hold them as per the announced examination schedule.

The administration has advised educational institutions to comply with the order and ensure the safety of students during the Kanwar Yatra period.

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Parliament panel seeks Zuckerberg’s apology over PM Modi video removal, questions Meta’s accountability

The Parliamentary Standing Committee on IT has sought an apology from Meta chief Mark Zuckerberg over the temporary removal of Prime Minister Narendra Modi’s Facebook video, while raising concerns over accountability, algorithmic bias and safe harbour protection.

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The Parliamentary Standing Committee on Information Technology has sought an apology from Meta chief Mark Zuckerberg over the temporary removal of Prime Minister Narendra Modi’s Facebook video, saying that a simple expression of regret would not be enough unless accountability is fixed.

The committee, chaired by BJP MP Nishikant Dubey, met representatives of Meta, Google, YouTube, senior officials from the Ministry of Electronics and Information Technology (MeitY), and the Union Home Ministry to discuss issues related to social media regulation, algorithmic transparency and platform accountability.

Panel demands accountability over PM Modi video removal

During the meeting, members questioned Meta over the removal of a Facebook video in which Prime Minister Narendra Modi addressed young people and promised strict action against exam paper leaks.

According to sources, committee members asked who was responsible for taking down the video and why it was removed while other objectionable content remained on the platform. Meta reportedly expressed regret over the incident and offered an apology.

However, members of the panel maintained that the matter should not end with an apology alone. They said responsibility for the lapse must be established and legal action should be considered wherever required.

The committee also questioned what safeguards ordinary Indian users have if the Prime Minister’s content could be removed in such a manner.

Nishikant Dubey warns over safe harbour protection

Speaking after the meeting, Nishikant Dubey said Mark Zuckerberg should personally apologise for the incident.

He also warned that if such an apology is not forthcoming, Meta’s “safe harbour” protection could come under scrutiny. Safe harbour provisions protect online platforms from liability for third-party content, provided they comply with due diligence requirements under Indian law.

Dubey further claimed that the Prime Minister’s video remained unavailable for around five hours and described the matter as serious.

Panel raises concerns over algorithms and child safety

Apart from the video controversy, the committee also questioned Meta over alleged algorithmic bias and the way content is promoted on social media platforms.

Dubey said the committee unanimously discussed concerns regarding algorithm-driven reach and claimed that newer or unregistered groups were receiving greater visibility than recognised political parties. He said understanding how platforms determine content reach was important for the country.

The meeting also included discussions on child sexual abuse material (CSAM) and the responsibilities of social media companies in preventing such content from appearing on their platforms.

MeitY had earlier questioned Meta’s explanation

Last week, MeitY had summoned Meta’s global team over issues related to algorithmic bias, platform processes and their potential impact on public order.

Meta had attributed the temporary removal of the Prime Minister’s video to a technical glitch. However, according to sources, the ministry considered the explanation inadequate.

Separately, Hyderabad Cyber Crime Police have registered cases against Meta India head Arun Srinivas and certain Facebook and Instagram accounts over allegedly morphed and AI-generated posts targeting Prime Minister Narendra Modi.

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Prashant Kishor wins Bankipur bypoll, secures first electoral victory in BJP bastion

Prashant Kishor won the Bankipur Assembly bypoll in Bihar by defeating BJP candidate Neeraj Kumar by 19,324 votes. The victory marks Kishor’s first electoral success and Jan Suraaj’s maiden Assembly seat.

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Jan Suraaj chief Prashant Kishore

Jan Suraaj Party (JSP) founder Prashant Kishor has registered his maiden electoral victory by winning the Bankipur Assembly bypoll in Bihar, ending the BJP’s long dominance in the constituency. The former election strategist defeated BJP candidate Neeraj Kumar by a margin of 19,324 votes, marking the first Assembly seat won by both Kishor and his party.

According to Election Commission data, Kishor secured 64,151 votes, while Neeraj Kumar polled 44,827 votes. Rashtriya Janata Dal (RJD) candidate Rekha Kumari finished third with 14,273 votes.

Prashant Kishor promises visible changes in Bankipur

After the victory, Prashant Kishor thanked the voters and assured them that development work would begin immediately.

Addressing reporters, he said people would witness visible changes in Bankipur within three months and requested residents to give him that time. He also said his office would remain open not only for the people of Bankipur but for everyone in Bihar.

Kishor described the victory as significant, saying his party had managed to end what he called the BJP’s three-decade hold over the constituency in just 30 days of campaigning.

Says Bihar voters have sent a message to BJP

Speaking after the results, Kishor said the people of Bihar had conveyed a message to the BJP’s central leadership that the state needed a chief minister focused on improving education and creating employment opportunities. He also said voters wanted leadership with a clean public image.

Bihar Chief Minister congratulates Kishor

Bihar Chief Minister Samrat Choudhary congratulated Prashant Kishor on his victory through a post on X.

He said the people had chosen Jan Suraaj in the Bankipur Assembly by-election and extended his congratulations while respecting the democratic verdict.

Why the Bankipur bypoll drew national attention

The Bankipur by-election attracted national attention for several reasons. The constituency has long been considered a BJP stronghold and was represented for multiple terms by senior BJP leader Nitin Nabin, who vacated the seat after moving to the Rajya Sabha.

The contest also gained prominence after Prashant Kishor entered the fray and came in the backdrop of nationwide student protests centred around education-related issues. Political observers had closely watched whether young voters would influence the outcome in the urban Patna constituency.

The BJP also witnessed a last-minute change in candidate after Abhishek Kumar Sinha withdrew before filing his nomination, following which the party fielded youth wing leader Neeraj Kumar. The RJD nominated Rekha Kumari.

Jan Suraaj opens its electoral account

The victory marks a milestone for the Jan Suraaj Party, which had failed to win any seats in the 2025 Bihar Assembly election. Kishor himself had not contested that election.

With the Bankipur result, Jan Suraaj has opened its electoral account, while Kishor has entered the Bihar Assembly for the first time.

Reacting to the outcome, Jan Suraaj’s Bihar chief Manoj Bharti said the people of Bankipur had voted for change. He claimed the party received support across different sections of society and thanked what he described as the party’s “silent voters” for helping secure the victory.

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