EC to continue hearing against AAP MLAs

In a major shock to the Aam Aadmi Party (AAP), the Election Commission has rejected to stop hearing a plea against the party's 21 MLAs for allegedly holding 'office of profit'. And, this despite the Delhi High Court had already quashed their appointment as parliamentary secretaries on September 8, 2016.

The office of profit petition was filed against 21 AAP MLAs. Later, proceedings were withdrawn against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest Assembly polls in Punjab.

"The Commission...is of the considered opinion that the respondents did hold de facto the office of parliamentary secretaries from 13th March 2015 to 8th September 2016 and the interpretation as sought to be put by them on the order...of the Hon'ble Delhi High Court that they did not hold office of profit is not legally tenable. Hence, without prejudice to the merits of the case, the reference relating to the question of alleged disqualification of the respondents...for holding the said office survives and is maintainable in respect of all the said respondents except Respondent no 16 (Jarnail Singh, MLA from Rajouri Garden) who has resigned his office.." the EC categorically states in its order sent to petitioner Prashant Patel and respondents.

Interestingly, the order came days before Chief Election Commissioner Nasim Zaidi retires in July. During the hearing in EC so far on the limited question of whether the disqualification case should be set aside in view of the quashing of their appointments, the petitioner had also argued that since the 21 MLAs had enjoyed the perks and benefits during the time they held the office of parliamentary secretaries, the High Court order would have no bearing on his disqualification prayer.