Office of profit case: EC unlikely to challenge Delhi HC order quashing

The Election Commission today indicated it is unlikely to challenge in the Supreme Court the Delhi High Court order quashing its decision to disqualify 20 AAP MLAs for holding office of profit, saying there was no precedent for the poll panel to do so.

However, Chief Election Commissioner O P Rawat refrained from making any comment on the high court order.

"Let us first go through the certified copy of the order. Then the secretariat will decide on taking action," he told PTI.

He refused to say anything further, noting that the poll panel does not comment on a court order.

Sources in the commission said the EC has in the past not appealed against any order of a high court relating to a reference matter.

According to the law, a complainant has to approach the President with a petition against people holding office of profit. He then refers the matter to the EC.

The EC then gives its opinion to the President, who is bound to accept it.

Rawat said the EC Secretariat will go through the order in the coming days and thereafter, the panel will take a decision on the future course of action.