Apex Court dismisses petition by AAP urging polls in Delhi; shifts onus on Election Commission

A Supreme Court Constitution Bench headed by Chief Justice H.L. Dattu rejected Aam Aadmi Party’s plea demanding fresh elections in Delhi. The Court arrived at the decision after it was informed by the Centre that the Legislative Assembly has been duly dissolved.

The Bench showed satisfaction with the way things are functioning in Delhi and asserted that it is the duty of the Election Commission of India to arrange for fresh elections in the National Capital. It left upon the ECI to decide the dates for polls.

Representing AAP, Prashant Bhushan had demanded an early election. AAP had also challenged the imposition of President Rule and had said that the same is being done to protect Congress leaders from charges of corruption. Read the LiveLaw story here.

The petition stated that the imposition of President Rule is “illegal, arbitrary and in violation” of Art. 14. It also raised constitutional questions relating to keeping the assembly in suspended animation by ignoring the recommendation of the majority government.

After the December polls in Delhi, BJP and its alliance had 32 seats, four short of the magic number. AAP in a wonderful first time performance had got 28 seats while Congress got 8 and the rest were bagged by others in the 70 member assembly.

The BJP stands at 28 now as three of its MLAs became MPs after the General elections. The strength of the assembly currently stands at 67.

Read more news about the case here.