The Election Commission (EC) will continue to hear the case against the 21 AAP MLAs allegedly holding office of profit despite the Delhi High Court’s order to set aside the appointments of the MLAs as parliamentary secretaries.
The EC in its order stated that the MLAs did hold the office of parliamentary secretaries for more than a year from March 13, 2015 to September 8, 2016. Election Commissioner Om Prakash Rawat did not sign the order since he had recused himself from the case when accused of impartiality.
Later, a Delhi court dismissed the case against Jarnail Singh after he resigned from his post of the Rajouri Garden MLA to contest Assembly polls in Punjab. The order comes before the Chief Election Commissioner Nasim Zaidi demits his office in July.
Prashant Patel, the petitioner, maintained that the high court order should have no bearing on the case being heard by the EC.
On September 8, the Delhi High Court was of the view that the parliamentary secretaries were appointed without the concurrence of the Lieutenant Governor and had set aside the appointment of the 21 MLAs.
The poll panel last heard the case on December 16 before the Assembly elections in five states and the commission reserved the order on March 27.