AAP demands disqualification of 116 BJP MLAs in Madhya Pradesh for Holding Office of Profit; 4 Haryana MLAs too face similar charges
AAP has demanded that the Election Commission show similar haste and take action against 116 BJP legislators in Madhya Pradesh as they too hold posts that come under the ambit of Office of Profit.
“Of the MLAs in question in 2016, most are members of Jan Bhagidari samitis of colleges which comes under office of profit," former state AAP secretary Akshay Hunka told News18. He said that while these MLAs are not paid salaries, they do get travel allowances from colleges.
"Two ministers - Paras Jain and Deepak Joshi – also hold office of profit by virtue of being office bearers of Indian Scout and Guide," he said, adding that several more ministers would have fallen under the ambit in the last couple of years, according to News18.
Meanwhile, in a seperate but related development, a petition was filed in Punjab and Haryana High Court against four BJP MLAs who had been earlier appointed as chief parliamentary secretaries by the Haryana government, but they were removed after the high court last year quashed their appointments, The Indian Express reported.
Politics in matters of welfare is treason: Arvind Kejriwal
Speaking at a rally in Nazafgarh area, Delhi Chief Minister said, "I feel that there should be no politics in matters of welfare of the people. If you want to do politics, do it before elections. When a party wins, it is the duty of every party to work for the people and the country. Politics in matters of welfare is treason.”
According to The Indian Express, the party has already sounded the poll bugle as by-polls in 20 Delhi seats increasingly become a possibility.
Gopal Rai says AAP 'not afraid of elections'
The Aam Aadmi Party has claimed to be "victimised" in the wake of the EC's recommendation to disqualify its 20 MLAs for holding offices of profit, and asserted that it was "not afraid of elections".
AAP's Delhi unit chief Gopal Rai alleged that the poll panel failed to give the party a hearing before sending its recommendations to President Ram Nath Kovind. "It is an undemocratic step. They are taking revenge from people of Delhi, the government and chief minister of Delhi," he said.
Original petitioner in case, lawyer Prashant Patel says Delhi HC can't interfere in case
Past precedents of office of profit case and what was the outcome
In 2006, a question was raised over Sonia's National Advisory Council post, which she held apart from being the MP from Rae Bareilly.
The Opposition parties at the time had argued that since as NAC chairperson, she enjoyed the rank and status of a Union Cabinet minister, the office of profit law applied. They had petitioned the then president APJ Abdul Kalam, asking him to disqualify Sonia as an MP. Congress leaders, meanwhile, had argued that the post of NAC chairperson was not an office of profit as Sonia received no salary or perks, and she had a purely advisory role. Sonia, however, quit as MP and recontested the elections.
According to Rediff, the Election Commission had also sent a notice to Samajwadi Party leader Amar Singh, Rajya Sabha member and chairperson of the Uttar Pradesh Industrial Development Council, on a similar petition against him.
Jaya Bachchan was also disqualified from the Rajya Sabha, while she was also chairperson of the Uttar Pradesh Film Development Federation. Similarly, two Uttar Pradesh Legislative Assembly members, Bajrang Bahadur Singh and Uma Shankar Singh, were disqualified in January 2015 due to holding government contracts.
What is an office of profit?
Although, an office of profit, is not defined in the Constitution, the poll panel has previously noted that any position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. The amount of such profit is immaterial.
Based on various Supreme Court judgements, four tests have been established.
Delhi High Court to hear AAP's main petition on 20 March; party withdrew application relating to disqualification only
Application moved by 6 AAP MLAs has become infructuous after Presidential assent, so the petition regarding dismissal has been withdrawn by them.
— ANI (@ANI) January 22, 2018
AAP demands disqualification of 116 BJP MLAs in Madhya Pradesh for Holding Office of Profit; 4 Haryana MLAs too face similar charges
AAP has demanded that the Election Commission show similar haste and take action against 116 BJP legislators in Madhya Pradesh as they too hold posts that come under the ambit of Office of Profit.
“Of the MLAs in question in 2016, most are members of Jan Bhagidari samitis of colleges which comes under office of profit," former state AAP secretary Akshay Hunka told News18. He said that while these MLAs are not paid salaries, they do get travel allowances from colleges.
"Two ministers - Paras Jain and Deepak Joshi – also hold office of profit by virtue of being office bearers of Indian Scout and Guide," he said, adding that several more ministers would have fallen under the ambit in the last couple of years, according to News18.
Meanwhile, in a seperate but related development, a petition was filed in Punjab and Haryana High Court against four BJP MLAs who had been earlier appointed as chief parliamentary secretaries by the Haryana government, but they were removed after the high court last year quashed their appointments, The Indian Express reported.
AAP withdraws plea as it was filed before President's decision; will file fresh petition
The Aam Aadmi Party (AAP) has withdrawn plea seeking interim relief for its 20 disqualified MLAs, saying that the plea was filed before the President's decision came. The party will file a fresh petition in the Delhi High Court seeking quashing of the order disqualifying its MLAs, on the grounds that the poll panel did not grant them a fair hearing. The party will also argue that the MLAs did not obtain any profit as alleged parliamentary secretaries.
AAP withdraws plea from Delhi HC
#BREAKING - AAP withdraws plea from High-Court over the disqualification of MLAs. pic.twitter.com/t65mhhHsK6
— News18 (@CNNnews18) January 22, 2018
EC tells Delhi HC it recommended AAP MLA's disqualificiation on 19 Jan
20 Aam Aadmi Party MLAs disqualification matter: Election Commission counsel submits that communication for disqualification of AAP MLAs was sent on 19 January
— ANI (@ANI) January 22, 2018
Why the haste to disqualify 20 AAP MLAs, asks Shiv Sena
The Shiv Sena on Monday raised questions over "the haste" with which 20 legislators of the ruling Aam Aadmi Party (AAP) in Delhi were disqualified for holding 'office of profit'.
"This is an unprecedented incident in which so many elected legislators have been disqualified in a wholesale manner. Delhi Chief Minister Arvind Kejriwal is facing a crisis, and that is because of the public campaign against corruption and injustice," the Shiv Sena said.
There were similar complaints against legislators during the tenure of former Delhi Chief Minister Sheila Dikshit, and even now in different states, but their positions have remained intact.
In the case of AAP's 20 legislators, the EC has acted in haste, that is the opinion of even former ECI officials, and that too, without giving them an opportunity to present their case, it said.
"The EC gave its ruling on the complaints against these legislators without a hearing in the matter or giving the 20 AAP elected representatives a chance to explain themselves. This is wrong," the Sena said.
Politics in matters of welfare is treason: Arvind Kejriwal
Speaking at a rally in Nazafgarh area, Delhi Chief Minister said, "I feel that there should be no politics in matters of welfare of the people. If you want to do politics, do it before elections. When a party wins, it is the duty of every party to work for the people and the country. Politics in matters of welfare is treason.”
According to The Indian Express, the party has already sounded the poll bugle as by-polls in 20 Delhi seats increasingly become a possibility.
Yashwant Sinha calls disqualification of AAP MLAs 'Tughlaqshahi'
President's order disqualifying the 20 AAP MLAs is complete miscarriage of natural justice. No hearing, no waiting for High Court's order. It is Tughluqshahi of the worst order.
— Yashwant Sinha (@YashwantSinha) January 21, 2018
Latest updates
AAP MLAs moved Delhi High Court against Election Commission's recommendation to disqualify them for allegedly holding offices of profit.
The Election Commission on Friday decided to disqualify 20 Aam Aadmi Party MLAs for allegedly holding offices of profit as Parliamentary Secretaries. The poll panel has has sent its recommendation to the President for his assent.
The entire issue came into existence when on 13 March, 2015, the Arvind Kejriwal-led Delhi government passed an order appointing 21 MLAs as Parliamentary Secretaries, according to News18.
File image of Chief Election Commissioner AK Joti. Image courtesy: Election Commission website
The issue in front of the Election Commission was whether the office of Parliamentary Secretary in the GNCTD, 1991 constitutes an ‘ office of profit’. Article 191 of the Constitution has not defined what is an ‘ office of profit’ which has paved the way to the Courts to lay down the law
Subsequently, the Congress had on 9 June, 2016, moved the poll panel to seek disqualification of 21 AAP MLAs and has been pursing the matter ever since.
However, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls in February 2017.
In October last year, the EC had issued a notice to the Aam Aadmi Party lawmakers for an explanation.
In June 2017, the EC rejected the MLAs pleas to drop the "office of profit" case against them and ruled that the disqualification proceedings against them will continue.
In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the posts of Parliamentary Secretary from the definition of office of profit with retrospective effect.
However, then President Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016, which declared them illegal since the order had been passed "without concurrence/approval of the Lt Governor".
With inputs from agencies
Pakistan has been witnessing a sharp rise in terror incidents for the last few months, which have taken the lives of several people, and as a result, the security forces have upped the ante against militants across the country.
The National Assembly seats fell vacant after the resignation of lawmakers of the Pakistan Tehreek-i-Insaf party headed by ousted premier Imran Khan
A massive earthquake jolted large parts of northern India including the Delhi NCR region late on Tuesday evening
