The Election Commission of India (ECI) on Monday reserved its order on a plea of 21 AAP MlAs who questioned the maintainability of a petition seeking their disqualification for holding the post of parliamentary secretaries, alleged to be an office of profit.
During a hearing on Monday, petitioner Prashant Patel, while defending his petition seeking their disqualification as MlAs, demanded a day-to-day hearing so that the matter concludes early. The AAP MlAs, whose appointment as parliamentary secretaries is under challenge, said the ECI should consider only the first petition filed by Patel, who moved the plea before the poll body on which the President had sought opinion of the Commission.
They said the Commission cannot consider the second set of documents filed by Patel after the President had already sought opinion on the first petition. They insisted the second set of documents were not maintainable. Patel, however, argued that the second set was “not a fresh petition but a response to details by the EC”.
The MlAs were of the view that EC should have sought the details from Delhi government and not the petitioner.
During the hearing, Patel said it would be proper that the Commission heard the two sides on a daily basis so that the matter can be decided at an early date. The Commission reserved its order on the issue of the maintainability of the second set of documents filed by Patel. AAP says it is effectively a “second petition” which cannot be considered.