21 AAP MLAs held ‘de facto’ office of profit:EC

The Aam Aadmi Party (AAP) in Delhi received a setback on Saturday after the Election Commission (EC) in its order stated that 21 AAP MLAs had held “de facto” office of profit under the Delhi government.

The EC in its order said, “The commission is of the considered opinion that the respondents did hold de facto the office of Parliamentary Secretaries from 13 March 2015 till 8 September 2016 and the interpretation as sought to be put by them on the order...of the Hon’ble Delhi High Court that they did not hold an office of profit is not legally tenable. Hence, without prejudice to the merits of the case, the reference relating to the question of alleged disqualification of the respondents...for holding the said office survives and is maintainable in respect of all the said respondents except Respondent no 16 (Shri Jarnail Singh, MLA from Rajouri Garden) who has resigned his office...”

Prashant Patel, the petitioner in the case, told The Sunday Guardian, “It has been an achievement for me today as the EC has accepted that the 21 MLAs were holding offices of profit and has rejected their plea. The EC will give a final chance to the 21 MLAs to present their hearing before the case is submitted for final nod to the President of India.”

Reacting to the development, the AAP said, “The EC’s recent order should not be misinterpreted. The High Court of Delhi had declared the very order of appointment of the 21 Parliamentary secretaries as null and void. Therefore, there is no question of hearing a petition for an office, which never existed as per the High Court. However, the EC has ordered that it will still hear the petition. All remedies are available to challenge this order of the EC. We respect the orders of the High Court as well as the EC.”