Prez disqualifies 20 of AAP’s legislators

New Delhi, January 21 

In a major setback to AAP, President Ram Nath Kovind has disqualified 20 of its MLAs in Delhi for holding office of profit, a move the party described as “unconstitutional” and “dangerous for democracy”. Kovind gave his assent yesterday to the recommendation by the Election Commission (EC).

Senior Aam Aadmi Party leader Ashutosh said, “The President’s order is unconstitutional and dangerous for democracy.” The EC had on Friday recommended that the 20 MLAs were liable for disqualification for holding office of profit between March 13, 2015, and September 8, 2016. 

Edit: Fixing AAP

The AAP MLAs were appointed Parliamentary Secretaries, described by petitioner Prashant Patel as “holding office of profit”.

Giving its opinion to the President, the EC had said the MLAs, by occupying the post of Parliamentary Secretary, had held office of profit and were liable to be disqualified as legislators.

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Parliamentary Secretaries assist ministers with their work. AAP insisted that despite holding the office, the MLAs did not take any salary or perks. 

“Whether or not the individual Parliamentary Secretaries actually derived the benefits or participated in executive functions of the government is of no relevance,” the EC had said, citing the Supreme Court in the Jaya Bachchan case, laying down that if the post fell under office of profit, disqualification was imminent.

The commission said it had based its opinion on judicial pronouncements of the past, the Government of National Capital Territory of Delhi Act and the Constitution.

AAP had approached the Delhi High Court for a stay on the EC’s recommendation. The court had listed the case for hearing on Monday.

Madan Lal, one of the disqualified MLAs, said they had pinned all hope on the judiciary and the party was expecting some relief tomorrow. 

If AAP fails to get a reprieve from courts, Delhi will see byelections for the 20 seats. The Delhi Assembly Speaker will have to notify the 20 vacancies for the EC to announce the byelections. Once the vacancies are announced, AAP’s strength would dwindle to 46 from 66 in the 70-member House. However, it will continue to have a majority. — PTI

‘Got 67 seats, as god knew of this ’
"We will now approach the High Court against this extremely unconstitutional, unethical and biased decision of the EC. If required, we will go to the Supreme Court. The Constitution is supreme and is the law of the land and has been protected by our judiciary time and again.

"AAP got 67 seats in the 70-member Delhi Assembly by God’s grace. He knew that after three years, these people would declare 20 of our MLAs disqualified. That’s why he gave us 67 seats. " — Arvind Kejriwal, Delhi CM

‘Tughlaqshahi of worst order’

President’s order is complete miscarriage of natural justice. No hearing, no waiting for High Court’s order. It is Tughlaqshahi of the worst order. — Yashwant Sinha, veteran BJP leader

Democratic values protected, says BJP

People of Delhi feel that the Aam Aadmi Party MLAs must now return all financial benefits they were given from the day they were appointed as parliamentary secretaries. With his speedy decision, the President has made a major contribution towards protecting democratic values. — Manoj Tiwari, Delhi BJP president