The Delhi High Court (HC) will today continue hearing the plea of 20 Aam Aadmi Party (AAP) MLAs who are seeking to quash their disqualification from the Delhi Assembly for holding offices of profit.
The Election Commission had earlier told the Delhi High Court that AAP MLAs' plea was "not maintainable" and liable to be "dismissed".
A bench of Justices Sanjiv Khanna and Chander Shekhar was told that the AAP MLAs have challenged the Election Commission's recommendation, which is non-existent once President Ram Nath Kovind has taken a decision on it.
The poll panel said that the MLAs have not challenged the President's January 20 decision, by which its recommendation was accepted.
The commission was responding to the MLAs plea seeking quashing of the decision to disqualify them from the Delhi Legislative Assembly.
Earlier, the commission had told the court that it would rely upon the opinion it gave to the President to disqualify the 20 MLAs who were appointed as Parliamentary Secretaries.
The high court had on January 24 refused to stay the Centre's notification disqualifying the MLAs, but restrained the EC from taking any "precipitate measures" such as announcing dates for by-polls.