Delhi High Court says Aam Aadmi Party MLAs can’t Force Election Commission to Examine Complainant

Delhi High Court
Delhi High Court

New Delhi: The Delhi High Court on Thursday said Aam Aadmi Party MLAs cannot force the Election Commission to cross-examine complainant Prashant Patel who had moved the court against the MLAs on ‘office-of-profit.’

“As per the law, if they (Election Commission) don’t want to call any witness, then it is the matter of law, you can’t force them to call Prashant Patel,” A bench of justices Sanjiv Khanna and Chander Shekhar said. Senior advocate K.V. Viswanathan, who represents an AAP MLA, requested the court to allow cross-examination of Patel and also summon some more witnesses.

Countering his submission, poll panel counsel and senior advocate Arvind Nigam said that this case was based on documents. The bench said the onus to prove if AAP MLAs were holding office-of-profit is on the EC. The court said whether MLAs were enjoying the office-of-profit or not is a disputed fact. The bench said that the MLAs can challenge EC’s final order, but they cannot force the poll panel to call witnesses. (IANS)