The Delhi High Court today sought response of the Election Commission (EC) on the pleas of eight AAP MLAs against the poll panel's decision to continue hearing a complaint against them for allegedly holding office of profit.
Justice Indermeet Kaur issued notice to the EC and sought its reply on the plea of the Aam Aadmi Party (AAP) MLAs who have contended that after the high court ruled that their appointments were unconstitutional and set them aside, there was no need for the EC to continue hearing the matter.
The court also noted in its order that the petitioners were not seeking stay of the EC's decision at this stage as no next date of hearing was given by the poll panel.
The court said if any date is fixed in the matter before the EC, then the petitioners have the liberty to seek stay on the same.
With the direction, it listed the matter for hearing on November 21.
The eight AAP MLAs, who have moved the high court against the EC's June 23 decision, have contended that the poll panel's order was "wholly untenable, unjustified, arbitrary, whimsical and gross abuse of its power".
The poll panel, during the hearing, said the MLAs' plea was not maintainable.
The office of profit petition was filed by one Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party.
Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.
The EC was of the "considered opinion" that the MLAs were "de facto" parliamentary secretaries from March 13, 2015 to September 8, 2016, when the high court had set aside the appointments by terming unconstitutional.
On September 8, 2016 the high court had set aside the appointments of the 21 AAP MLAs as parliamentary secretaries, while observing that their order of appointment was issued without the concurrence of the Lieutenant Governor (LG).
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