The Delhi High Court refused to grant interim relief to 20 Aam Aadmi Party MLAs whom the EC recommended to disqualify for allegedly holding 'Office of profit'.
The Election Commission recommended the disqualification of 20 MLAs of the Aam Aadmi Party for holding 'office of profit'. The poll panel has sent the recommendation to President Ram Nath Kovind.
The High Court has asked the EC to confirm whether it has recommended to President to disqualify the 20 AAP MLAs.
The Aam Aadmi Party had approached the Delhi High Court against the EC's recommendation.
In its opinion sent to President Ram Nath Kovind, the Election Commission said by being parliamentary secretaries, they held office of profit and were liable to be disqualified as MLAs of the Delhi Assembly, highly placed sources said.
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The President is bound to go by the recommendation of the Commission. In cases where petitions are made seeking disqualification of lawmakers, the President sends a reference to the EC which decides on the case by sending back its opinion.
"There is no credible information. All reports are based on sources. I want to ask if people from constituencies of these 21 MLAs have seen them utilising government facilities like car, house or salary. No hearing has been held before EC until now," news agency ANI quoted Saurabh Bhardwaj from AAP as saying.
A petition was filed by Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party after the 2015 Assembly Elections in Delhi.
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According to Clause (a) of Article 102 of the Constitution, "a person shall be disqualified for being chosen as, and for being a member of either House of Parliament, if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder."
"It is a delayed action by the election commission. Now the ball is in the court of the honourable President of India," leader of opposition Vijender Gupta said.
"What Modi govt appointed Election Commission(sic) is leaking to the media is a recommendation made without hearing the arguments of MLAs on the false allegation of office of profit - such a blatantly biased recommendation will NOT stand scrutiny in court of law," Media advisor to AAP tweeted in response.
"This must be the first ever recommendation in EC history where a recommendation has been sent without even hearing the main matter on merits. NO HEARING TOOK PLACE IN EC ON THE POINT OF OFFICE OF PROFIT.. BJP through its agents seriously compromises the prestige of EC just to divert the attention of nation from its all round failures," he added.
Names and Constituencies of MLAs recommended for disqualification
1. Adarsh Shastri from Dwarka constituency
2. Alka Lamba from Chandni Chowk constituency
3. Sanjeev Jha from Burari constituency
4. Kailash Gehlot from Najafgarh constituency
5. Vijendra Garg from Rajinder Nagar constituency
6. Praveen Kumar from Jangpura constituency
7. Sharad Kumar Chauhan from Narela constituency
8. Madan Lal Khufiya from Kasturba Nagar constituency
9. Shiv Charan Goyal from Moti Nagar constituency
10. Sarita Singh from Rohtas Nagar constituency
11. Naresh Yadav from Mehrauli constituency
12. Rajesh Gupta from Wazirpur constituency
13. Rajesh Rishi from Janakpuri constituency
14. Anil Kumar Bajpai from Gandhi Nagar constituency
15. Som Dutt from Sadar Bazar constituency
16. Avtar Singh from Kalkaji constituency
17. Sukhvir Singh Dala from Mundka constituency
18. Manoj Kumar from Kondli constituency
19. Nitin Tyagi from Laxmi Nagar constituency
20. Jarnail Singh from Tilak Nagar constituency
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(source: The Indian Express)
After assuming office in Delhi, the AAP government in March 2015 appointed 20 MLAs as parliamentary secretaries to its ministers.
When the appointments were opposed by the BJP and the Congress, the government excluded the post of parliamentary secretary from the office of profit category. This, however, was not approved by then President Pranab Mukherjee who referred the matter to the Election Commission.
The MLAs subsequently petitioned the poll panel not to entertain the case as the Delhi High Court had struck down their appointments in 2015.
On September 8, 2016, the high court had set aside the appointments of the 21 AAP MLAs as parliamentary secretaries, while observing that their appointment orders were issued without the concurrence of the Lieutenant Governor (LG).
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Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.
Just a week ago, a delegation of the Delhi Congress met the Chief Election Commissioner and demanded immediate disqualification of 20 AAP MLAs in the office of profit case.
The delegation was led by Delhi unit chief Ajay Maken.
"By appointing 20 MLAs as parliamentary secretaries, the AAP government virtually appointed 20 additional ministers, with hefty perks and benefits," Maken alleged.
(Inputs from agencies)
