EC rejects 21 AAP MLAs’ plea to drop office of profit case
Decision on disqualification likely in August
New Delhi: The Election Commission (EC) on Saturday rejected pleas of 21 AAP legislators to drop office of profit case against them. The commission in its final hearing, which is likely to be in August, will decide on their disqualification. The poll panel has also made it clear that the Delhi high court order that set aside the appointments of these 21 MLAs will not come in the way of the EC deciding their disqualification as “the MLAs held the posts de facto”.
In a major setback for the ruling AAP in the national capital, the Election Commission (EC) on Saturday rejected pleas of 21 AAP legislators to drop office-of-profit case against them.
The commission in its final hearing, which is likely to be in August, will decide on their disqualification.
The poll panel has also made it clear that the Delhi high court order that set aside the appointments of these 21 legislators will not come in the way of the EC while deciding their disqualification as “the MLAs held the posts de facto”.
The EC order said that the commission was of the “considered opinion that the AAP legislators did hold de facto the office of parliamentary secretaries from March 13, 2015, to September 8,
2016”.
The 21 AAP legislators had approached the EC to drop their disqualification case as their appointments as parliamentary secretaries have already been set aside by the Delhi high court. The proceedings were dropped against Jarnail Singh who had resigned from Rajouri Garden in Delhi to contest the Punjab Assembly elections. The legislators will now have to provide proof to the EC that they haven’t got any benefits from their posts.
The ruling party’s legislators in question were appointed parliamentary secretaries by the Delhi government in March 2015. In June 2015, the government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the post of parliamentary secretary from the definition of office-of-profit with retrospective effect. However, President Pranab Mukherjee refused to give his assent to the bill.
Following this, the appointments were set aside by the Delhi high court in September last year. The court had said the order to appoint them as parliamentary secretaries was given without the concurrence of the lieutenant-governor.
A bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal had set aside the March 13, 2015, order after the counsel appearing for the Delhi government “conceded” that it was issued without taking concurrence or views of the L-G.
The poll body has also made it clear that the Delhi HC order that set aside the appointments will not come in the way of the EC