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

The EC’s opinion on this matter means that the AAP legislators are set to be disqualified, which could soon force a mini Assembly election in the national capital.

READ: 20 AAP MLAs disqualified by EC: Party has the numbers but faces this challenge

The party will now approach the Delhi HC, pleading that the recommendation be struck down. “This is unprecedented. The MLAs in question didn’t get a chance to present their case before the EC. In fact, we didn’t hear about the news from the EC, but news channels,” AAP spokesperson Saurabh Bhardwaj said.

 Explained: Did AAP’s parliamentary secretaries enjoy office of profit?

According to the Constitution, Members of Parliament or legislators are prohibited from accepting government positions which carry some financial remuneration or any other benefit such as office space, accomodation, or even a car. Any violation of this provision attracts disqualification of the legislator for holding an office of profit. The aim of this provision is to preserve the independence of the legislature by keeping its members away from any temptations from the executive.

Timeline: How the AAP office of profit case unfolded

The Commission’s opinion has been communicated to the President just three days before Chief Election Commissioner AK Joti retires.

The Aam Aadmi Party, which won 67 of the 70 Assembly seats, continues to enjoy a majority in the Delhi Assembly even after the disqualification of the 20 MLAs.

In the first reaction coming from the party, AAP spokesperson Nagendar Sharma tweeted:

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

— Nagendar Sharma (@sharmanagendar) January 19, 2018

What is the AAP office of profit case?

These are the 20 AAP MLAs the Election Commission has found guilty of ‘office of profit’

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