Leaked EC note on office of profit issue: AAP mulling contempt case in HC

Phoolka said under section 146/4 of the Representation of People's Act, proceedings under EC are similar to judicial proceedings.

By: PTI | New Delhi | Published: June 17, 2016 10:17:45 pm
Election commission, EC, AAP, Aam Aadmi Party, HS phoolka, AAp minister Phoolka, Delhi High Court, Delhi HC, AAP MLAs, delhi news Phookla said he will also seek permission from the advocate general so that criminal contempt of court proceedings could be initiated against TV channels. (Source: PTI Photo)

Claiming that proceedings in the Election Commission are akin to ones in the court of law, AAP on Friday said it is mulling filing a contempt litigation in the High Court against those who have allegedly leaked a document related to the issue of office of profit of 21 party legislators.

Senior lawyer and AAP leader H S Phoolka said the party’s Rajouri Garden MLA Jarnail Singh approached him following reports by some TV channels that they had procured a note pertaining to the 21 AAP MLAs, whose fate remains uncertain over the issue of office of profit.

Phookla said he will also seek permission from the advocate general so that criminal contempt of court proceedings could be initiated against TV channels.

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“Some TV channels and some leaders are claiming that they procured the note from the EC. Showing this on TV means influencing the EC. This is criminal contempt. We are seeking permission from the advocate general to file a criminal contempt case.

“Following his permission, we will initiate contempt of court proceedings in the High Court,” he said, adding that they are examining TV bytes.

He said under section 146/4 of the Representation of People’s Act, proceedings under EC are similar to judicial proceedings.

“This means, it is a court and it is yet to take any decision on this. The note (which surfaced in the media) must have been prepared by a clerk. The main decision is to be taken by the members of the EC and there is no note binding on them.

“Any person who does any act to influence the judge amounts to contempt of court,” Phoolka said, citing a case from the Madhya Pradesh High Court.

The AAP leader said the party will also write to the poll panel, seeking action against the person who allegedly leaked the note.

“We are also writing to the EC that action should be taken against whosoever has leaked it and also name him so that criminal contempt proceedings could be initiated against them,” Phoolka said.
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