Office of profit: EC wants 20 AAP MLAs disqualified 

Office of profit: EC wants 20 AAP MLAs disqualified 

Context

The Election Commission of India (ECI) is learnt to have recommended to President Ram Nath Kovind that 20 Aam Aadmi Party MLAs be disqualified on the office-of-profit charge. The President is bound by the Commission’s recommendation.

Seven MLAs move Delhi High Court against the recommendation.

The Commission, however, refused to comment on the issue, stating that the matter was sub judice.

As and when the President issues orders for the disqualification of these legislators, the ECI will have to conduct by-polls for their respective seats.

The issue

• Last June, the ECI ruled that the 20 MLAs de factoheld the office of parliamentary secretaries. In September 2016, the Delhi High Court set aside the AAP government’s order appointing 21 MLAs as parliamentary secretaries in March 2015 as it lacked the approval of the Lieutenant Governor.
• Lawyer Prashant Patel petitioned then President Pranab Mukherjee seeking their disqualification
• The petition was forwarded to the ECI for its recommendation.
• Subsequently, the Commission started a hearing on the issue and sought responses from the MLAs, who refuted the charges, stating that they did not draw any pecuniary (relating to or consisting of money) benefits from their posts. They also cited the Delhi High Court directive stating that their appointments had been set aside.