The Asian Age

AAP crisis to deepen if MLAs’ case goes against it

EC looking into matter President to take final call on ‘office of profit’ charge

- SANJAY KAW NEW DELHI, MAY 6

After the electoral debacles in the civic and Assembly elections in Delhi, Punjab and Goa, the AAP seems to be in further trouble, which may spell a death knell to its political ambitions. If the three cases, which relate to 40 of its 65 members of legislativ­e Assembly (MLAs) in Delhi, go against them, they will be automatica­lly disqualifi­ed, and fresh elections will be held in these constituen­cies.

Given the momentum that the AAP’s main rival, the BJP, has witnessed over the past few months, especially in the recent Assembly and civic polls, political pundits think that the AAP may lose most or many of these seats during the re-polls. In the recent elections in 270 municipal wards in Delhi, the BJP was ahead of its rivals in as many as 63 Assembly constituen­cies. Clearly, the AAP leader and Delhi chief minister, Arvind Kejriwal is a worried person. His party’s future is at stake; more importantl­y, his own survival is in peril.

The complaints, by RTI activists and lawyers, hurled three main allegation­s against the AAP and its MLAs. First, that some of the appointmen­ts of 21 members (now 20 after the resignatio­n of Rajouri Garden MLA Jarnail Singh, as parliament­ary secretarie­s, 11 as co-chairperso­ns of District Disaster Management Agency, and 27 as chairperso­ns of Rogi Kalyan Samities were apparently illegal. The names of 18odd legislator­s is common in the three petitions pending before the EC.

Second, these MLAs should be disqualifi­ed because all the three posts were allegedly “office of

On its part, the AAP has consistent­ly maintained that none of its MLAs were either allotted any office space or or additional remunerati­on and as such they can not be punished under the ‘office of profit’ clause

profits”, as defined by the Constituti­on and various laws. No elected representa­tive, as was laid out by the Supreme Court precedents, can hold such offices. Finally, Mr Kejriwal, through such appointmen­ts, possibly blurred the constituti­onal distinctio­ns between the Legislativ­e and Executive.

After complaints on the appointmen­ts were sent to the President, as is laid out by the laws, the latter referred the matters to the EC. Now, the EC will send its recommenda­tions to the President, who will act accordingl­y. The decisions may be finalised within a few weeks or a few months at the latest.

Lawyer Vibhor Anand, in his complaint dated June 23, 2016, contended that “it is crystal clear that the above guidelines (on compositio­n of the RKS) that the post of chairperso­n can be held only by a MP (member of Parliament) zila panchayat president, district magistrate or the minister incharge and the MLA can only be a normal member of the governing body.”

The RTI activist, Vivek Garg, charged in his complaint on DDMA’s appointmen­ts, “It is submitted that as per Section 25(b) of the (Disaster Management) Act (2005), only the elected representa­tive of the local authority can be appointed as co-chairperso­n of a District Disaster Management Authority.”

In the case of the DDMAs, the co-chairperso­n post “carried with it a monthly honorarium of `5,000, entertainm­ent expenditur­e of `10,000, staff car with a driver, telephones at office and residence, free accommodat­ion and medical treatment facilities to self and family members, apart from other allowances, etc.”

 ??  ?? Arvind Kejriwal
Arvind Kejriwal

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