The 21 AAP MlAs — facing the risk of disqualification for their appointment as Parliamentary Secretaries after the President rejected Bill on office of profit — will appear before the Election Commission on July 14 to explain their case.
The Commission had issued notice to the legislators last month on a petition alleging the appointment to be an office of profit.
Examining the petition filed by a lawyer Prashant Patel against the 21 MlAs, the Commission had requested for a personal hearing to put forth their defence. After examining the complaint, the Commission acceded to the request and fixed July 14 as the date of hearing. The AAP legislators had earlier replied to the Commission notice stating that there was no “pecuniary benefit” associated with the post of Parliamentary Secretary. They further submitted that no remuneration or power is attached with this position.
The AAP Government led by Arvind Kejriwal had designated 21 MlAs as Parliamentary Secretaries to assist the Delhi Government Ministers and simultaneously gave them legal backing by introducing an amendment to the Delhi Members of legislative Assembly (Removal of Disqualification) Act, 1997.
The Amendment Bill specifically sought “retrospective” exemption for the Parliamentary Secretaries from disqualification provisions. The proposed law was forwarded to the Centre by lieutenant-Governor Najeeb Jung.
The l-G had said that the office of Parliamentary Secretary is an “office of profit” as per the GNCT Act. In his note to the President, he stated that the Act provides for only one Parliamentary Secretary to be attached to the Office of Chief Minister. Subsequently, the President refused to give his assent to the Bill. The President’s decision will have a bearing on the EC’s decision before it decides the fate of the 21 MlAs. Moreover, as the situation stands, the MlAs enjoy no legal backing for continuing as Parliamentary Secretaries.
The 21 MlAs facing disqualification include Alka lamba, Jarnail Singh, Adarsh Shastri and Rajesh Gupta among others.