Delhi HC asks EC to clarify its action on order to give AAP MLAs full hearing

647
Delhi HC asks EC to clarify its action on order to give AAP MLAs full hearing

The Delhi High Court on Thursday (August 9) said to Election Commission of India (ECI) to come clear on its interpretation of the order in which it had mandated ECI to give 20 AAP MLAs a full hearing in the “office for profit” case.

The bench comprising Justices Sanjiv Khanna and Chander Shekhar was acting on the plea filed by 20 AAP MLAs seeking cross-examination of original complainant Prashant Patel by the ECI on what basis he filed a plea seeking disqualification of MLAs.

During the course of proceedings, the bench said to the petitioners: “Law is very clear if documents are there you can either deny it or accepts it. What we do in the writs… They can’t run away from the same… Law is very clear they brought the documents on record you can either accept or deny…”

Counsel appearing for ECI said: “Inference from the admitted documents is the inference for the tribunal. Evidence is of two types, Oral and Written. Oral which is perceived by the senses either by hearing or seeing. It is not a question of Oral documents. The documents before the Tribunal are from Government of Delhi.”

To which the bench asked: “What are your instructions.”

The ECI replied: “We will deal with it in accordance with the law…”

The bench said: “Deal with their application on merits and in accordance with law.”

ECI replied: “There is no dispute on the documents but there is dispute on the interpretation…”

Bench said to petitioner: “If decision comes in your favour then its fine, if not, then you can challenge it.”

The matter will be again heard on August 16, 2018.

—India Legal Bureau