EC junks MLA’S plea in office-of-profit case
NEWDELHI: The Election Commission (EC) on Tuesday turned down a plea filed by the Aam Aadmi Party (AAP) MLAS to cross-examine the petitioner, who sought their disqualification on the grounds that they hold office-of-profit.
The AAP legislators had moved a plea on May 16 for crossexamination of petitioner Prashant Patel, and officials of the assembly and Delhi government to prove that they were not holding any office-of-profit by virtue of being appointed as parliamentary secretaries.
In a 70-page order, the poll panel said: “There is no occasion and need for the cross-examination of the petitioner as he is not a witness in the present proceedings and the respondents have failed to make out a case for calling any witness as pleaded in their applications. Therefore, this Commission dismisses the applications .”
The EC also announced July 23 as the date for the final hearing.
The poll panel had on January 19 recommended the disqualification of the 20 AAP MLAS. President Ram Nath Kovind had also accepted the poll panel’s recommendation. However, the EC’S decision was quashed by the Delhi High Court, terming it “against the principal of natural justice”. Following the HC ruling, the commission has begun the hearing in the case afresh.
Som Dutt, AAP MLA from Sadar Bazar and one of the 20 MLAS facing disqualification, said even in cases of murder, defence lawyers get to cross-examine the witnesses.
“We have not committed any murder and what we are asking is not unjustified. What we have asked is a provision under law. If someone is making an allegation against us that we have taken cars and bungalows should they not justify on what basis they are saying that?” Dutt said.
The 20 MLAS include, Adarsh Shastri (Dwarka), Alka Lamba (Chandni Chowk), Anil Bajpai (Gandhi Nagar), Avtar Singh (Kalkaji), Kailash Gahlot (Najafgarh), Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Nitin Tyagi (Laxmi Nagar), and Praveen Kumar (Jangpura).
Other legislators are Rajesh Gupta (Wazirpur), Rajesh Rishi (Janakpuri), Sanjeev Jha (Burari), Sarita Singh (Rohtas Nagar), Som Dutt (Sadar Bazar), Sharad Kumar (Narela), Shiv Charan Goel (Moti Nagar), Sukhbir Singh (Mundka), Vijendar Garg (Rajinder Nagar) and Jarnail Singh (Tilak Nagar).