EC concludes hearing on BJP, Congress pleas

Both sought to become a party in the main case against the appointment of 21 Parliamentary Secretaries by the AAP

July 23, 2016 12:00 am | Updated 07:41 am IST - New Delhi:

The Election Commission on Thursday wrapped up the hearing into the applications filed by the Bharatiya Janata Party and the Congress seeking to become a party in the main case against the appointment of 21 Parliamentary Secretaries.

Both the BJP and Congress had filed intervening petitions before the poll panel on July 14. However, the 21 Aam Aadmi Party (AAP) legislators — who were appointed Parliamentary Secretaries by Chief Minister Arvind Kejriwal and who are now facing possible disqualification for enjoying office of profit — opposed the plea.

“Why do they want to become a party in this case? There is no provision of complaints or interventionist applications being made directly to the EC. It shows that they can stoop to any level to bring us down,” said Jarnail Singh, the Parliamentary Secretary to Urban Development Minister and MLA from Rajouri Garden.

The Parliamentary Secretaries argued through their lawyers that making the Congress and BJP parties in the case will politicise the matter.

Prashant Patel, the activist who first raised the matter and filed the petition, also opposed the BJP and Congress’ pleas.

“It is a constitutional matter. It should not be politicised,” Mr Patel said.

The Delhi government had appointed the 21 AAP MLAs as Parliamentary Secretaries. Following office of profit allegations, the EC had issued notices to them. While the matter is with the EC, Union Law and Justice Minister Ravi Shankar Prasad on Thursday said the expression “office of profit” has not been defined in any law.

Replying to a question in the Lok Sabha, Mr. Prasad said there are no posts of Parliamentary Secretaries to Ministers in the Central Government. “There is no reference to the post of Parliamentary Secretaries in the Parliament (Prevention of Disqualification) Act, 1959. The expression ‘office of profit’ has not been defined in any law,” he said.

Mr. Prasad added: “However, in some States, the posts of Parliamentary Secretaries have been created. Whether such posts come within the ambit of “office of profit” or not depend upon the nature of post, the terms and conditions of appointment, termination, the payment attached thereto, the functions performed there under, etc.,” he added.

The Union Minister said taking steps for disqualifying legislators working as Parliamentary Secretaries is relatable to Article 191 of the Constitution and is entirely under States’ domain.

“It is for the Governor or the Lieutenant-Governor of those States to take steps or decision in this regard. It is not within the domain of the Union of India to take steps in this regard as it is State subject matter,” he said.

Parliamentary Secretaries said making Congress, BJP parties in case will politicise the matter

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