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This is an archive article published on January 19, 2018

AAP MLAs disqualification highlights: Arvind Kejriwal must go, says Congress

AAP MLAs disqualification highlights: Rajesh Gupta has said, "We demanded copy of the letter but we have got nothing from the Election Commission. There has been no hearing. The matter is sub judice in the high court."

AAP, Arvind Kejriwal, Aam Aadmi Party, AAP mla disqualification, Election commission of India, office of profit, 20 AAP MLAs, election commission AAP National Convener and Delhi Chief Minister Arvind Kejriwal. (Express photo by Praveen Khanna/File)

The Election Commission of India on Friday recommended disqualification of 20 Aam Aadmi Party (AAP) MLAs after it found each one of them guilty of holding ‘Office of Profit’. The poll panel has communicated its opinion to President Ram Nath Kovind.

The Constitution prohibits Members of Parliament and MLAs from holding any ‘Office of Profit’, which means accepting government positions that carry some financial remuneration or any other benefit such as office space or even a car. Any violation of this provision attracts disqualification of the legislator. The aim of this provision is to preserve the independence of the legislature by keeping its members away from any temptations from the executive.

Also Read | AAP ‘Office of Profit’ case: A timeline

Also Read | EC recommends disqualification of 20 AAP MLAs over ‘office of profit’ charge

AAP MLAS reported for disqualification highlights:

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8:30 pm: Anna Hazare said in a tweet: “We parted our ways the day Arvind Kejriwal formed Aam Aadmi Party. We are not in contact anymore. I had told him not to form a party. Nation can’t be served by forming a party, had that been the case, the scenario would have been different in 70 years of independence.”

6:56 pm: Delhi High Court will now hear the matter on Monday. It is deemed appropriate for the respondents to find out whether a final order has been passed and the same has been communicated to the Honorable president, said the court.

6:49 pm: Delhi HC refuses to pass interim order on a plea by six AAP MLAs seeking a stay on an order passed by the EC disqualifying 20 MLAs in an ‘Office of Profit’ case.

6:41 pm: AAP MLA from Burari also challenged BJP and Congress saying the same. He said, “I am throwing an open challenge to the BJP and the Congress to tell one car number or any bunglow which I have used being a parliamentary secretary.

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6:35 pm: Challenging the Bharatiya Janata Party, Saurabh Bhardwaj tweeted: “Tell one Govt car number which was allotted to any Parliamentary Secretary.”

6:32 pm: The judge also said, “The EC kept you giving reminders but you didn’t bother to respond. I am not looking at the merit of the case but your conduct.”

6:31 pm: Meanwhile, AAP’s national spokesperson Raghav Chopra said, “EC hasn’t even heard the OoP matter on merits and now makes ill-founded recommendations without giving AAP MLAs an opportunity of being heard. Blatant violation of principles of natural justice.
This is taking vendetta to next level.”

6.25 pm: The Delhi High Court also questioned the conduct of AAP leaders before the Election Commission. The judge said, “You (AAP) very conveniently say that the HC has ceased of the matter. Again on November 21 , you did not ask for a stay from the High Court. You cannot dictate terms to the EC. Just because the court issued notices you took the whole system for granted.”

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6.20 pm: Meanwhile, the Delhi High Court has asked the counsel for the Election Commission to find out whether any order of disqualification has been passed by the EC.

6.10 pm: West Bengal CM Mamata Banerjee extended support to the Aam Aadmi Party saying,  “A Constitutional body cannot be used for political vendetta. The 20 AAP MLAs were not even given a hearing by the Hon EC. Most unfortunate. This goes against the principles of natural justice.At this hour we are strongly with Arvind Kejriwal and his team.”

5:18 pm: The petition before the Election Commission was filed by one Prashant Patel against 21 MLAs who were appointed as parliamentary secretaries by the AAP government in Delhi.

Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.

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5:08 pm: AAP MLAs’ petition mentioned before a bench headed by Acting Chief Justice Gita Mittal, to be heard today itself.

4:59 pm: AAP’s Ashutosh said a tweet: “EC should not be the letter box of the PMO, but that is a reality today. Person like me who has covered EC as reporter during Seshan days, today I can say EC has never touched so low ever. Sad.”

4:49 pm: BJP spokesperson Nupur Sharma tweets: “Arvind Kejriwal ji your MLA says no perks were given to 20 AAP MLAs, so why did Delhi Assembly Secretariat pass an order allotting offices?

4:45 pm: Meanwhile, AAP MLA Rajesh Gupta has said, “We demanded copy of the letter but we have got nothing from the Election Commission. There has been no hearing. The matter is sub judice in the high court.”

AAP, Arvind Kejriwal, Aam Aadmi Party, AAP mla disqualification, Election commission of India, office of profit, 20 AAP MLAs, election commission Rajesh Gupta (Source: ANI photo)

4:40 pm: See the photographs of all the AAP MLAs who were disqualified by the Election Commission today.

The 20 disqualified AAP MLAs

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4:30 pm: Congress’ Ajay Maken said, “Kejriwal does’t have the moral right to stay on his post, he must resign. Congress will carry out a ‘jan aandolan’ regarding the same.”

Ajay Maken, AAP, Arvind Kejriwal, Aam Aadmi Party, AAP mla disqualification, Election commission of India, office of profit, 20 AAP MLAs, election commission Ajay Maken. (Source: ANI photo)

4:18 pm: Welcoming EC’s decision, Delhi BJP President Manoj Tiwari has said that it is a moral defeat for Arvind Kejriwal and now he should own responsibility and resign.

He has also said, “Though we welcome the decision but simultaneously regret that Election Commission of India allowed undue adjournments to AAP MLAs which have cost dear to the people of Delhi.”

4:14 pm: Delhi BJP has welcomed the decision of EC recommending disqualification of 20 AAP MLAs in the matter of “Office of Profit”.

4:14 pm: The government in the National Capital is paralysed. Delhi Government and AAP is running on this basis that the things which Kejriwal says is correct only. Our constitution has shown mirror to the Delhi CM today.

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4:13 pm: Saying that from “India against Corruption” to “I am Corruption”, Aam Aadmi Party has covered the journey in a short time, Patra asked, “Do the still have the morality of continuing in governance in Delhi?”

AAP, Arvind Kejriwal, Aam Aadmi Party, AAP mla disqualification, Sambit Patra, BJP, Election commission of India, office of profit, 20 AAP MLAs, election commission Sambit Patra. (Source: ANI photo)

4:12 pm: Sambit Patra said, “Those who started their political journey against corruption are themselves corrupt. The self-guilt was quite evident. This is not an ordinary issue. The journey of AAP has been ‘From India against corruption to I am corruption’.”

4:10 pm: BJP’s Sambit Patra says, Aam Aadmi Party most corrupt in India. “Many AAP MLAs are in jail and several are out on bail, Shouldn’t Mr. Arvind Kejriwal resign?” he said.

3:40 pm: The Aam Aadmi Party has approached Delhi High Court against the Election Commission’s recommendation to disqualify their 20 MLAs in Office of Profit case.

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3:18 pm: When there has been no profit in the alleged ‘office for profit’ case then it is wrong to remove the elected MLAs. “I would like to know if any person living in the constituencies of the 20 MLAs who are alleged to have held the ‘Office of Profit’ had any knowledge about the MLAs owning a car, a house, property or any other privilege that was wrongfully enjoyed by these MLAs,” said Bharadwaj.

3.16 pm: Saurah Bhardwaj also said, “Achal Kumar Jyoti will turn 65 on January 23 and after that he won’t hold the position of the CEC. The hearing in this case was done by three people but two of them have seperated themselves. So, when the High court had said that these two were not the parliamentary secretaries, how can the Election Commission investigate this. The CEC is mortgaging a constitutional instutution like the Election Commission to pay the debt that he owes to the PM.”

AAP, Arvind Kejriwal, Aam Aadmi Party, AAP mla disqualification, Election commission of India, saurabh bhardwaj office of profit, 20 AAP MLAs, election commission Saurabh Bhardwaj.

3:14 pm: “Whenever there is an investigation anywhere in the world, the accused is also given a chance to put their point across; the EC did not give any MLA such an opportunity,” says Saurabh Bharadwaj.

3.13 pm: “The report of AAP’s 21 MLAs has been sent to the President, the news is yet to be confirmed,” says Saurabh Bharadwaj, AAP spokesperson.

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3:12 pm: Saurabh Bhardwaj said, “There is no credible information. All reports are based on sources. I want to ask if people from constituencies of these 21 MLAs have seen them utilising government facilities like car, house or salary. No hearing has been held before EC until now.”

3.10 pm: AAP says, “Will challenge Election Commission’s decision in the top court’.

3.01 pm: AAP had won 67 of the 70 Assembly seats in 2015 polls and continues to enjoy a majority even after the disqualification of the 20 MLAs.

2.58 pm: Initially, the case was against 21 MLAs but it now stands at 20 after Rajouri Garden MLA Jarnail Singh resigned to contest against Parkash Singh Badal in the Punjab Assembly elections last year.

2.52 pm: These are the 20 AAP MLAs who are recommended for disqualification:

1. Adarsh Shastri from Dwarka constituency
2. Alka Lamba from Chandni Chowk constituency
3. Sanjeev Jha from Burari constituency
4. Kailash Gehlot from Najafgarh constituency
5. Vijendra Garg from Rajinder Nagar constituency
6. Praveen Kumar from Jangpura constituency
7. Sharad Kumar Chauhan from Narela constituency
8. Madan Lal Khufiya from Kasturba Nagar constituency
9. Shiv Charan Goyal from Moti Nagar constituency
10. Sarita Singh from Rohtas Nagar constituency
11. Naresh Yadav from Mehrauli constituency
12. Rajesh Gupta from Wazirpur constituency
13. Rajesh Rishi from Janakpuri constituency
14. Anil Kumar Bajpai from Gandhi Nagar constituency
15. Som Dutt from Sadar Bazar constituency
16. Avtar Singh from Kalkaji constituency
17. Sukhvir Singh Dala from Mundka constituency
18. Manoj Kumar from Kondli constituency
19. Nitin Tyagi from Laxmi Nagar constituency
20. Jarnail Singh from Tilak Nagar constituency

Also Read | Party has the numbers but faces this challenge 

2.46 pm: “BJP through its agents seriously compromises the prestige of EC just to divert the attention of nation from its all round failures,” Sharma tweeted.

2.42 pm: “This must be the first ever recommendation in EC history where a recommendation has been sent without even hearing the main matter on merits. NO HEARING TOOK PLACE IN EC ON THE POINT OF OFFICE OF PROFIT,” Sharma said.

2.40 pm: ‘What Modi govt appointed Election Commission is leaking to the media is a recommendation made without hearing the arguments of MLAs on the false allegation of office of profit – such a blatantly biased recommendation will NOT stand scrutiny in court of law,” Nagendra Sharma, the media advisor to Delhi Chief Minister Arvind Kejriwal, tweeted soon after the EC’s recommendation became known.

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