The disqualified MLAs of the Aam Aadmi Party told the Delhi High Court on Monday that their disqualification “will not arise” till it is proved that they were getting pecuniary benefits by holding the posts of parliamentary secretaries.
Senior advocate K.V. Viswanathan, appearing for some of the AAP leaders, argued that no pecuniary benefit was received by the former lawmakers and the Election Commission did not consider vital materials while arriving at its decision recommending their disqualification.
The former MLAs made their submissions during a nearly three-hour long hearing of their pleas challenging their disqualification for holding offices of profit. They denied having received any monetary benefit or perks, including official vehicles, in their capacity as parliamentary secretaries. Mr. Viswanathan also denied that the former MLAs had access to the files of the Ministers.
The arguments on behalf of the MLAs, which remained inconclusive, will resume on Tuesday.
EC recommendation
The EC had recommended the disqualification of 20 AAP MLAs on January 19. The President had accepted the EC’s opinion the very next day. The High Court had on January 24 refused to stay the Centre’s notification disqualifying the MLAs, but restrained the EC from taking any “precipitate measures” such as announcing dates for bypolls to fill the vacancies.
The Delhi government, led by Chief Minister Arvind Kejriwal, had appointed the parliamentary secretaries after coming to power in February 2015. This decision was in “violation” of a constitutional clause that prohibits legislators or parliamentarians from holding any position with monetary or other benefits. Known as office of profit, the clause is aimed at reducing conflict-of-interest situations for public representatives.
The Delhi government had claimed that the secretaries would not receive any remuneration from the administration, so that the exchequer would face no additional burden. This was challenged by an advocate Prashant Patel who made a representation to the President to disqualify them for holding office of profit.
