Setback for AAP: EC to continue to hear case against its 21 MLAs in office of profit case

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 despite the Delhi High Court’s order to set aside the appointments of the MLAs as parliamentary secretaries.

By: Express Web Desk | New Delhi | Updated: June 24, 2017 12:40 pm
Election commission, ec contempt proceedings, aam aadmi party ec, aap ec allegations, ec news, aap news, latest news, indian express Election Commission has decided to hear the case of AAP 21 MLAs allegedly holding office of profit.

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.

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  1. C
    Chandrasekaran Venkataraman
    Jun 24, 2017 at 4:04 pm
    Is the Election Commission of India sitting in judgement as to - (a) whether the post of Parliamentary Secretaries to the Ministers was office of profit OR (b) whether CONTINUING to hold the post even after the High Court Order ? That is to say, in this particular case, (1) whether the nature of 'office of profit' will be washed away if the consent of the Lt. Governor had been obtained ? Or,(2) Had they discontinued to hold the post immediately after the High Court order would have washed away their immediately earlier stint? Anyhow, any final order of the EC will have a bearing on any post like Parliamentary Secretary or any similar post in all States, even if there is no emolument paid to them. But, a day will come when there will be a Parliamentary enactment on this subject, atleast when compulsions arise to the ruling party at the Centre, holding reins in one or more States.
    Reply
    1. R
      Ravindra
      Jun 24, 2017 at 1:51 pm
      EC seems to have a five year plan to complete hearing on case and give results! at this rate, results will be only after next elections. Why this drama? If they cannot take decision in one year, what are they doing?
      Reply
      1. A
        Arvind
        Jun 24, 2017 at 1:32 pm
        It is advised EC not to take time like our Judiciary.Take some decision immediately.It is now more than four months passed.Even it gives either way decision still some party will go to High Court or SC.
        Reply
        1. V
          Vnk
          Jun 24, 2017 at 1:22 pm
          I thought the EC has completed hearing and was to give judgement. Strange that the matter is being dragged on and on. EC jago, nahin to kya 2020 mein jagoge.
          Reply
          1. N
            narayan kutty
            Jun 24, 2017 at 1:07 pm
            Aap party is not well groomed enough to enter in politics as their ambition is to make quick bucks.
            Reply
            1. Y
              yash sehgal
              Jun 24, 2017 at 12:58 pm
              A good news..now we hope Delhi may get cleansed of AAPtards muck..then Delhites will get a wiff of fresh air.
              Reply
              1. S
                sampath chari
                Jun 24, 2017 at 12:50 pm
                Kejriwal professed that he was championing anti corruption. People very much believed it. Unfortunately what he did was against professed rules and finally got into trouble. The order of the Lt governor had to be followed which he declined. He needs a big warning and the disqualification of the parliamentary secretaries as MLAs also.
                Reply
                1. A
                  AntiWahhabi
                  Jun 24, 2017 at 12:45 pm
                  Now EC behind AAP. They will finish AAP by hook or crook
                  Reply
                  1. V
                    V R
                    Jun 24, 2017 at 12:53 pm
                    Khujliwal rascal must be terminated !
                    Reply
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