Office-of-profit case: President Kovind dismisses plea to disqualify 27 AAP MLAs

In 2016, the poll commission had issued a notice to the 27 MLAs on the basis of a petition seeking their disqualification for allegedly holding office of profit.

Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal.

In a major relief to the Aam Aadmi Party (AAP), President Ramnath Kovind has dismissed a plea to disqualify the party’s 27 MLAs for allegedly holding office of profit by being appointed as chairpersons of Rogi Kalyan Samitis attached to various Delhi hospitals.

The order, a copy of which has been obtained by The Indian Express, was signed by the President based on an opinion by the Election Commission that found no merit in the plea. Such pleas are sent to the President who forwards it to the poll panel. The EC then gives its opinion based on which the President has to issue orders.

Copy of Presidential Order rejecting complaint of Office of Profit against 27 AAP MLAs @IndianExpress pic.twitter.com/THiZuTLcfj

— Ritika Chopra (@KhurafatiChopra) October 25, 2018

In 2016, the poll commission had issued a notice to the 27 MLAs on the basis of a petition seeking their disqualification for allegedly holding office of profit. The petitioner claimed that these MLAs were holding posts of chairpersons of Rogi Kalyan Samitis (RKSs) of different government hospitals in Delhi without any sanctity of law.

“The Delhi government in 2009 through its executive/standing orders approved constituting Rogi Kalyan Samitis in all the hospitals with governing body under the chairmanship of local MLA in violating the mandate of scheme. The order of appointing MLAs either by the present government or by the earlier government, as chairperson of the Rogi Kalyan Samiti is wholly illegal and void ab initio, without any legal sanctity,” the complaint had said.

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Sources in the Delhi government, however, had said that Rogi Kalyan Samitis were set up by the Sheila Dikshit cabinet on October 5, 2009 and that the complaint would fall flat in due course of time. In July 2014, the then Union Health Minister Harsh Vardhan had in Parliament said that MPs/ MLAs will be the chairpersons of the committees.

The National Rural Health Mission website clearly states that an MP/ MLA can become a chairman/ member, the Delhi government sources said.

According to an order issued by the Delhi government’s health and family welfare department on April 26 this year, the ‘Rogi Kalyan Samitis’ (Patient Welfare Committees) are advisory in nature which will assist health facilities, develop and customise strategies among others. It stated that each ‘Assembly Rogi Kalyan Samiti’ will be provided Rs 3 lakh per annum as grand-in aid.

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