EC rejects AAP plea, office of profit case to continue
NEW DELHI: In a setback to the AAP, the Election Commission has rejected the pleas of 21 party legislators — whose appointment as Parliamentary Secretaries was set aside by the court — to drop “office of profit” case against them.
Since the AAP MLAs held de facto posts of Parliamentary Secretaries from March 13, 2015, to September 8, 2016, the proceedings on the question of their disqualification will continue, the EC said in its order on Friday.
The Aam Aadmi Party (AAP) said it respected the EC order but hinted that the option of legal remedy was available to the ruling party.
The 21 AAP legislators had approached the poll panel to drop the disqualification case as their appointments had already been set aside by the Delhi High Court on September 8, 2016.
Out of these 21 legislators, Jarnail Singh had resigned from the Rajouri Garden seat in January to contest the Punjab assembly elections.
The Election Commission, in its 23-page order, said it was not in dispute that the respondents (legislators) were appointed Parliamentary Secretaries in the Delhi government by an order of March 13, 2015.
“Thus, it is evident that from the date of their appointment on March 13, 2015, till the date of setting aside of their appointment on September 8, 2016, the respondents were de facto holders of the office of Parliamentary Secretaries, albeit by way of an illegal appointment order and, hence, the present proceedings before the commission on the question of their disqualification is maintainable and shall continue,” the EC said.