EC: Disqualify 20 Delhi AAP MLAs; no HC relief : The Tribune India

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EC: Disqualify 20 Delhi AAP MLAs; no HC relief

NEW DELHI:In a blow to Delhi’s ruling Aam Aadmi Party (AAP), the Election Commission today recommended to the President to disqualify 20 of its MLAs for holding office of profit, setting the stage for their ouster from the Assembly.

EC: Disqualify 20 Delhi AAP MLAs; no HC relief

The development comes almost two years after the Delhi HC set aside their appointments. PTI file



TNS and Agencies

New Delhi, January 19 

In a blow to Delhi’s ruling Aam Aadmi Party (AAP), the Election Commission today recommended to the President to disqualify 20 of its MLAs for holding office of profit, setting the stage for their ouster from the Assembly. Seven of these MLAs moved the Delhi High Court, which refused any interim order of protection to the MLAs whose names had been recommended for disqualification.

Justice Rekha Palli, however, asked the EC  to inform the court on January 22 whether the recommendation had been communicated to President Ram Nath Kovind as the MLAs had sought that they be heard by the poll panel if no such communication had been made. 

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In its opinion sent to President Kovind this morning, the EC said the MLAs, by occupying the post of Parliamentary Secretary between March 13, 2015, and September 8, 2016, held office of profit, and were liable to be disqualified as legislators, sources said. Parliamentary Secretaries assist ministers with their work.

Attacking Chief Election Commissioner AK Joti, AAP claimed he was “repaying the debt” to Prime Minister Narendra Modi before retiring. “Joti was the Principal Secretary under (then Gujarat CM) Narendra Modi and then Chief Secretary of Gujarat. He is retiring on Monday. So you want to repay Modiji’s debt. You are mortgaging a constitutional body like the Election Commission,” AAP spokesman Saurabh Bharadwaj alleged.  He said the poll panel did not hear the MLAs’ side.

As per the Constitution, the President is bound to go by the recommendations of the commission. Under the rules, petitions to the President seeking disqualification of lawmakers are referred to the EC. The poll panel takes a decision and sends its recommendation to Rashtrapati Bhavan, which is accepted.

In the present case, a petition was made to disqualify 21 MLAs, but one resigned a few months back. Once the President accepts the recommendation, byelections will have to be held for 20 seats.

The disqualification will not jeopardise the Arvind Kejriwal government as AAP has a massive majority in the 70-member Delhi Assembly. 

The BJP was quick to question if the AAP government had any “moral right” to stay in view of the EC’s recommendation. Delhi BJP chief Manoj Tiwari said the BJP was prepared for elections “any moment”.

The Delhi Congress too demanded Kejriwal’s resignation with its president Ajay Maken tweeting: “Half of his Cabinet ministers removed on corruption charges! 20 MLAs enjoying ministerial perks would be disqualified! Where is Lokpal? MLAs and ministers enjoying perks of power and foreign travel, where is political probity?”


CM has no moral authority to continue: BJP

With 20 MLAs disqualified, half of the Cabinet Ministers out on corruption charges, one minister (Satyendar Jain) facing criminal cases..., does the Delhi CM have any moral authority to continue? — Sambit Patra, BJP

Kejriwal must resign, he should go: Cong 

Kejriwal has no right to continue. Half of his Cabinet Ministers were removed on corruption charges. Twenty MLAs enjoying ministerial perks will now be disqualified.—  Ajay Maken, Cong

Constitutional body for vendetta, why: TMC  

A constitutional body can’t be used for political vendetta. — Mamata Banerjee,TMC

CEC retires in a few days, swiftly doing all this: AAP 

EC should not be the letter box of the PMO. He (CEC AK Joti) will retire on January 23 once he turns 65, and thus, is swiftly doing all this before retiring. — Saurabh Bharadwaj, AAP


WHAT IT MEANS

  • As the President is bound to act in accordance with the poll panel’s recommendation, the move will pave the way for bypolls in Delhi for 20 constituencies. The AAP officially has 66 members in the House although some have turned dissidents. The other four seats are held by the BJP
  • Even if 20 MLAs are disqualified, AAP will still have a comfortable majority in the 70-member Delhi Assembly. But byelections, if called, will put to test Kejriwal's grip on Delhi
  • The MLAs who face the axe are Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar, Nitin Tyagi and former MLA Jarnail Singh (Tilak Nagar).

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