Twenty-one AAP MlAs, facing prospects of disqualification for allegedly holding Office of Profit, have requested the Election Commission of India (ECI) that they should be granted another four week’s time to file their replies to the response filed by the Delhi Government on the issue.
Sources said the AAP legislators sought more time to file their replies on the ground that due to festival season they were not able to reach out to their lawyers. Also, they pleaded that in the absence of hard copies of the Government reply, it took them very long time to download the files through their pen drives.
The poll panel had earlier rejected the legislator’s plea that they be provided hard copies of the Government response, saying it was “not under any obligation” to do so. The ECI had made it clear that the legislators had to file their replies by October 17 failing which the commission will presume that they have “nothing to say in the matter” and it would decide the issue accordingly. The Delhi Government had earlier submitted documents before the Commission in this case.
On September 8, 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 lieutenant-Governor Najeeb Jung.
In the last hearing on September 23, the MlAs had sought time to study the high court judgement that set aside their appointment. On October 7, the AAP MlAs were to file a response, but again had asked for an extension.
In a notice, the poll panel to the MlAs, “It may be noted that if no reply is received by aforesaid date (October 17), it will be presumed that you have nothing to say and the Commission will take appropriate action without any further reference to you. It may also be noted that your (AAP legislators) reply should be supported by duly sworn affidavit and should be filed with five spare copies.”
The petition to disqualify AAP MlAs was filed by advocate Prashant Patel, who has termed the legislators’ move a “ploy” to delay the proceedings. The Commission has also asked Patel to submit his rejoinder to the AAP MlAs response by October 21.