EC to pursue case against AAP MLAs

Chief Election Commissioner Nasim Zaidi along with Election Commissioners A K Joti addresses a press conference. The EC order stated that the commission was of the “considered opinion” that the AAP MLAs did hold “de facto the office of parliamentary secretaries from March 13, 2015 to September 8, 2016“. (File Photo)

The Election Commission of India has decided that it would continue hearing a case of office of profit against 20 Aam Aadmi Party MLAs, who were among the 21 MLAs appointed as parliamentary secretaries to ministers in 2015.

The case against one of the 21 MLAs, Jarnail Singh of Rajouri Garden, would no longer carry on as he had resigned from the Delhi Assembly in January this year in order to contest the Punjab elections.

In their opinion given to President Pranab Mukherjee on Friday, Chief Election Commissioner Dr. Nasim Zaidi and Election Commissioner A.K. Joti wrote that the ECI found the AAP MLAs “did hold de facto the office of parliamentary secretaries” from March 13, 2015 to September 8, 2016.

Citing a Delhi High Court order on September 8, 2016 of scrapping the appointment of the parliamentary secretaries in its defence, the AAP had contended that since the HC had declared the appointment null and void, there was no question of hearing a petition about an office that never existed.

“Hence, without prejudice to the merits of the case, the reference relating to the question of alleged disqualification of the respondents under Section 15(4) of the GNCT of Delhi Act, 1991 for holding the said office survives and is maintainable…,” said the ECI. The next date of hearing would be decided and conveyed to those involved, the ECI said.

Reacting to the development, AAP spokesperson Saurabh Bharadwaj said the party had options open to it to challenge the ECI decision. He reiterated the AAP’s stance that the Delhi HC order had declared the appointment “null and void”.