In a major jolt to the Aam Aadmi Party (AAP), the Election Commission (EC) has rejected pleas of 21 AAP MlAs to drop office of profit case against them. The EC in its final hearing, likely to be in August, will decide on their disqualification.
The EC has ruled that it will continue hearing a plea against the MlAs for allegedly holding office of profit, despite the Delhi High Court setting aside their appointment as parliamentary secretaries.
The EC order stated that the commission was of the "considered opinion" that the AAP MlAs did hold "de facto the office of parliamentary secretaries from March 13, 2015 to September 8, 2016".
"The interpretation as sought to be put by them on the order dated September 8, 2016 of the DHC that they did not hold any office 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 under section 15 (4) of the GNCT of Delhi Act 1991 for holding the said services and is maintable in respect of all the said respondents excepts respondent no 16 Jarnail Singh of Rajouri Garden, who had resigned his office as MlA on January 17, 2017 and even a by election has been held in April 2017 to fill his vacancy", the order said.
The 21 AAP MlAs had approached the Commission to drop their disqualification case against them as their appointments as parliamentary secretaries have already been set aside by the Delhi High Court.
The order comes days before chief election commissioner Nasim Zaidi demits office in July.
Election commissioner OP Rawat, who recused himself from the case after Chief Minister Arvind Kejriwal questioned his impartiality, has not signed on the order.
The hearing in the case was concluded on March 27, earlier this year, and the EC had reserved its order in the matter. The controversy erupted after Delhi Chief Minister Arvind Kejriwal appointed 21 AAP MlAs as parliamentary secretaries in March 2015, amending the provisions of Delhi Members of legislative Assembly (Removal of Disqualification) Act, 1997, in June 2015 to exempt the post of parliamentary secretary from the definition of office of profit with retrospective effect.
The office of profit petition was filed against 21 AAP MlAs by advocate Prashant Patel.