The Aam Aadmi Party (AAP) will challenge the decision of the Election Commission to disqualify 20 party MLAs in an office-of-profit case, a party leader said on Monday.
The move came after the disqualified AAP MLAs withdrew their plea from the Delhi High Court challenging the poll panels’s recommendation to disqualify them in the case.
Justice Rekha Palli said the plea moved by the disqualified AAP legislators had become infructuous or rendered ineffective as the President has already issued a circular to disqualify the MLAs.
The court was informed by the counsel representing the election commission that it had already sent the opinion to the President on January 19, before the former legislators moved the court.
The Election Commission sent its opinion to the President saying that by being parliamentary secretaries, the AAP legislators held office of profit and must be disqualified from the Delhi Assembly.
Acting on the opinion, President Ram Nath Kovind on Sunday gave his assent for the disqualification of the MLAs.
The President is bound by the recommendation of the poll panel. If the President receives a petition seeking disqualification of lawmakers, he refers it to the EC. The poll panel takes a decision and sends its recommendation to the Rashtrapati Bhavan which is accepted.
The Delhi government, led by chief minister Arvind Kejriwal, had appointed the parliamentary secretaries attached to government ministries after coming to power in February 2015.
However, a constitutional clause 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 the appointments will facilitate a smooth functioning. It claimed that the secretaries would not receive any remuneration or perks from the government, so that the exchequer would face no additional burden.
