EC rejects AAP plea

Tribune News Service

New Delhi, June 24

The Election Commission (EC) in its order today observed that disqualification case against Aam Admi Party’s (AAP) 20 members of the Delhi Assembly for allegedly holding office of profit as Parliamentary Secretary stands despite the Delhi High Court quashing the said appointments.

The office of profit petition was filed against 21 AAP MLAs. Later, proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest assembly polls in Punjab.

In its order, a copy of which is with The Tribune, the poll panel said, the commission was of the “considered opinion” that the AAP MLAs did hold “de facto the office of Parliamentary Secretaries from March 13, 2015 to September 8, 2016”.

Incidentally, the order has come days before Chief Election Commissioner Nasim Zaidi demits office, which is due in July. Election Commissioner O P Rawat, who refused himself from the case after AAP’s national convener and Chief Minister Arvind Kejriwal had questioned his impartiality, has not signed on the order.

The petitioner, Prashant Patel, maintained that the high court order should have no bearing on the case being heard by the EC as the MLAs were enjoying the fruits of that office till their appointment was set aside by the high court.

On September 8, the high court had set aside the appointment of the 21 AAP MLAs as Parliamentary Secretaries. 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 government order after the counsel appearing for the Lt Government “conceded” that it was issued without taking concurrence or views of the LG.

The poll panel had heard the case on December 16 last before it got busy with the assembly elections in five states. On March 27, the commission had reserved its order on the issue.

In its order today, the Commission said, for further hearing in the case it “will intimate next date to all the parties concerned in due course”.