Can't pass blanket order to restrain MPs, MLAs from representing parties during campaigns: HC

The Delhi High Court said it cannot pass any blanket order on a plea seeking to restrain sitting Members of Parliament and Legislative Assemblies from participating in poll campaigns for their parties

Published: 02nd May 2017 05:15 PM  |   Last Updated: 02nd May 2017 05:15 PM   |  A+A-

Delhi High Court (File | PTI)

By PTI

NEW DELHI: The Delhi High Court today said it cannot pass any blanket order on a plea seeking to restrain sitting Members of Parliament and Legislative Assemblies from participating in poll campaigns for their parties.

The petition, on which the order was passed, has contended that ministers, MPs and MLAs were public servants and, under the law, they are prohibited from participating in elections or campaigning, except to the extent of casting their vote.

"No blanket order can be issued. We are not even giving any interim stay without hearing the petition," a bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said.

The bench said it will hear the plea and pass an order on July 5.

Central government's standing counsel Ripudaman Bhardwaj opposed the maintainability of the petition, saying mandamus (order or writ) cannot be issued by this court.

Petitioner Mohan Singh Sharma, a retired sub-inspector, has said in his plea that after MPs and MLAs take oath, "it should be presumed that they will only work for the nation and not for any political party during their tenure".

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