President will not interfere with AAP MLAs disqualification order: EC counsel
New Delhi: The President in all probability will accept the recommendations of the Election Commission of India which had recommended the disqualification of 20 MLAs of the Aam Aadmi Party.
K N Phanindra, an counsel for the Election Commission says that in normal course, the President does not interfere with the order of the Election Commission.
I have seen in many cases that the President does not come in between the order and more often than not the same is accepted Phanindra also said. There are no cases to indicate in the past that the order of the EC has been set aside by the President, he further added.
He further explained that that the order won’t be interfered with for a host of reasons. First and foremost, the EC passes a reasoned order. It goes into great detail and length before coming to any conclusion and hence the President will not have much to look into. It is a Constitutional obligation for the President to give his assent and hence due to a reasoned order before him, he will not interfere with it.
After the President gives his assent it is up to the aggrieved parties to move the High Court. In this case, the Delhi High Court will be moved by the MLAs. If the HC too refuses to interfere with the order then by-elections will have to be held in all those seats as they would fall vacant.