In a major relief for AAP, the Delhi High Court said by-polls will not be held till it hears AAP lawmakers' appeal on the disqualification. However, the court refused to stay the Centre's notification disqualifying 20 AAP MLAs for holding the office of profit.
Delhi High Court asked Election Commission to not issue any notification for Delhi bypolls until next date of hearing on Monday. The High Court also sought reply of all respondents including the Election Commission of India (ECI) on the plea of disqualified MLAs.
On January 19, the poll panel had made the recommendation for the disqualification of the 20 legislators, which was given assent by the President.
Delhi High Court Asks Election Commission not to declare by-polls in Delhi till court is hearing the case.— AAP (@AamAadmiParty) January 24, 2018
HC restrains EC, asks it not to take any 'coercive action' till the next date of hearing on 29/01/2018.
HC asks for records of case from EC. pic.twitter.com/KC8V79erQO
On January 20, the Ministry of Law and Justice had issued a notification that the President held that the 20 MLAs stand disqualified under Section 15(1)(a) of the Government of National Capital Territory of Delhi (GNCTD) Act.
The EC had made the recommendation while deciding a plea by advocate Prashant Patel, who had sought disqualification of 21 AAP MLAs for holding the office of parliamentary secretaries, which he had said amounted to the office of profit.