EC rejects AAP MLAs’ plea to summon witnesses

Tribune News Service

New Delhi, September 25

The Election Commission of India (ECI) on Tuesday issued an order dismissing the Aam Aadmi Party (AAP) MLAs’ petition seeking summoning and cross-examining witnesses, including that of officials in the Delhi government, in office-of-profit case.

Dismissing the petition by the AAP MLAs filed on September 11, the ECI in its order said, “No cogent reason was given for calling witnesses. Documents mentioned in application are all self-explanatory, when read in conjunction with other related documents available on record and no later act or event has altered meaning of words used in these documents.”

The poll panel also noted that the omission “to supply the names of the witnesses, their address, the specific document or fact in relation to which that particular witness is required to be called”, as in the 39-page application “strikes” formed “the very core of it”. Under circumstances, it was left “with no choice but to reject the application.”

The ECI also said the AAP MLAs did not file consolidated application seeking examination of witnesses in required format. They filed application, which is “not only in flagrant violation of formal prescribed by EC” but also omissions have been made without necessary information.

“Therefore, there is again no need to call any witness to prove that no benefit was taken by the applicants/ respondents (20 AAP MLAs) by virtue of occupying the post of parliamentary secretaries,” the ECI said in its order.

The MLAs in their petition had said that they were filing the application to bring out clear factual matrix on whether they held an office of profit under the government as alleged by the petitioner.

The ECI is hearing afresh the case related to disqualification of 20 AAP MLAs for allegedly holding office-of-profit by virtue of their appointment as parliamentary secretaries. It had, on January 19, recommended the disqualification of the 20 AAP MLAs. President Ram Nath Kovind had accepted the poll panel’s opinion the next day. But the same was quashed by the Delhi High Court, terming it “bad in law”.