The Election Commission (EC) on Monday reserved its order on the plea of 21 AAP MlAs that it should drop the case of office of profit against them as their appointment as Parliamentary Secretaries has already been set aside by the Delhi High Court. The order is expected in the coming days.
The ruling is being awaited by rival political parties — the Congress and the BJP as an adverse order will set the stage of a mini-Assembly election in Delhi. However, it will not affect the AAP Government, given the brute majority it enjoys in the Delhi Assembly. The 21 AAP MlAs appointed as Parliamentary Secretaries, are facing prospect of disqualification for allegedly holding office of profit.
According to sources, the EC has concluded hearing on Monday. At the fourth hearing of final arguments on a petition seeking the disqualification of AAP MlAs, the Commission said it is reserving the order on whether the office of profit case should continue against them. Earlier, 21 AAP MlAs have pleaded before the Commission that it should drop the case of office of profit against them as their appointment as parliamentary secretaries has already been set aside by the Delhi High Court.
While AAP MlAs said after the Delhi High Court ruling the case should be dropped against them, the petitioner, Prashant Patel, maintained that the court order should have no bearing on the case being heard by the EC as they were enjoying the fruits of that office till their appointment was set aside by the High Court.
On September 8, 2016, the Delhi High Court had set aside the appointment of 21 party MlAs as Parliamentary Secretaries. The court had said the order to appoint them as parliamentary secretaries was given without the concurrence of the lieutenant Governor.
A Bench of Chief Justice G Rohini and Justice Sangeeta Dhingra Sehgal had set aside the March 13, 2015 order after the counsel appearing for the Delhi Government “conceded” that it was issued without taking concurrence or views of the lieutenant Governor. The poll panel had heard the case on December 16 last before it got busy with Assembly elections in five States.
The AAP Government had earlier defended its order appointing the Parliamentary Secretaries, saying this was done to assist the Ministers and ensure its harmonious functioning. Prashant, an advocate who has filed a petition seeking disqualification of 21 AAP MlAs, said the High Court order had no bearing on Election Commission as the two are different cases.