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Latest update: After the Election Commission recommended the disqualification of 20 AAP MLAs for holding office of profit as parliamentary secretaries, the AAP lashed out at the Election Commission, saying it was working as an agent for Prime Minister Narendra Modi. In a major blow to the Aam Aadmi Party (AAP) in Delhi, the Election Commission of India recommended the disqualification of 20 of its MLAs for holding office of profit as parliamentary secretaries, triggering calls for the resignation of Chief Minister Arvind Kejriwal and an angry reaction from the ruling party. The election commission gave its opinion to President Ram Nath Kovind on a complaint by advocate Prashant Patel, a member of the Hindu Legal Cell, in June 2015, who petitioned then president Pranab Mukherjee, alleging illegality in the appointment of Parliamentary Secretaries. [caption id=“attachment_4301397” align=“alignleft” width=“380”]  Representational image. PTI[/caption] The decision led to calls by the Congress and BJP — who have been demanding the disqualification — for Kejriwal’s resignation. The application by Patel said 21 AAP MLAs, including Jarnail Singh (Rajouri Garden) who resigned to contest the Punjab Assembly polls last year, were appointed parliamentary secretaries to ministers in the Delhi government in violation of the Constitution. The AAP approached the Delhi High Court in a bid to stave off the impending action against its MLAs, but the court refused any relief saying there was no commission order and it cannot act on media reports. The matter will come up again on Monday. The president is bound to act in accordance with the poll panel’s recommendation. There was no official word from the poll panel. But sources said the Commission’s recommendation had been sent to Kovind. The move will pave the way for by-polls in Delhi for 20 constituencies of the 70-member Assembly. The AAP at present has officially 66 members in the House although some have turned dissidents. The other four seats are held by the BJP. Even if 20 MLAs are disqualified, the ruling party will still have a comfortable majority in the Delhi Assembly. But by-elections, if called, will put to test Kejriwal’s grip on Delhi. The MLAs who face the axe are Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar, Nitin Tyagi and Jarnail Singh (Tilak Nagar). The AAP said the EC recommendation was based on false allegations, alleging that the “BJP through its agents seriously compromises the prestige of the EC just to divert the attention of the nation from its all round failures”. “What (the) Modi government appointed Election Commission is leaking to the media is a recommendation made without hearing the arguments of MLAs on the false allegation of office of profit. Such a blatantly biased recommendation will not stand scrutiny in court of law,” Kejriwal’s media advisor Nagendra Sharma said. With inputs from agencies
Delhi office of profit row updates: Manish Sisodia calls EC's recommendation to disqualify MLAs 'unconstitutional'
In a major blow to the Aam Aadmi Party (AAP) in Delhi, the Election Commission of India recommended the disqualification of 20 of its MLAs for holding office of profit as parliamentary secretaries
 "Delhi office of profit row updates: Manish Sisodia calls EC's recommendation to disqualify MLAs 'unconstitutional'")
Delhi HC will hear main petition on 20 March
The Delhi High Court has agreed to hear the Aam Aadmi Party’s main petition challenging the maintainability of the proceedings at the Election Commission of India. The matter will be heard on 20 March.
AAP to file fresh petition on disqualification after examining President’s order
AAP MLAs’ counsel told the Delhi High Court that he will file an appeal after examining President’s order disqualifying 20 MLAs in office of profit case.
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, T he 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
Rajya Sabha MP Amar Singh says Office of Profit case could bring about rift in AAP
The disqualification of 20 #AAPMLAs by EC in #OfficeOfProfit matters is concerning because possibility of break up in the party will be more tangible now with the likes #kumarVishwas. Recent election in Delhi has shown @BJP4India doing well compared to @AamAadmiParty
— Amar Singh (@AmarSinghTweets) January 22, 2018
Lawyer who brought up Office of Profit matter claims threat to life, meets Union Minister Vijay Goel
.@ippatel, the lawyer who led the crusade against 20 AAP MLAs in the #OfficeOfProfit case met me today as he is concerned about his safety & security. I will speak to Home Minister to ensure his well-being. I firmly believe there should be zero tolerance for violence in politics. pic.twitter.com/AH5MucAGA5
— Vijay Goel (@VijayGoelBJP) January 22, 2018
No MLA has taken any profit as Parliamentary Secretary: Alka Lamba
Former Delhi MP from Chandani Chowk Alka Lamba said that the party was facing a witch hunt launched by the BJP. She said that none of the disqualified AAP MLAs have ever taken any salary or benefit as parliamentary secretary. She said that as politicians, they were not afraid of the polls but will pursue the maater in the court to fight against the injustice of the whole matter.
AAP MLAs disqualification case: A quick recap
- EC recommended disqualification of 20 AAP MLAs for allegedly holding an office of profit while being elected representatives in the Delhi Assembly
- President Ram Nath Kovind gave his nod to the EC recommendation on Sunday
- Delhi CM Arvind Kejriwal had appointed 21 AAP MLAs as Parliamentary Secretaries in 2015, which was deemed an office of profit. The Delhi government later also tried to pass a legislation excluding the post of parliamentary secretaries from list of office of profit, but the legislation was quashed.
- AAP had moved Delhi HC on Friday, soon after the news broke out about the EC’s recommendation. The court denied interim relief but agreed to hear the matter.
Manish Sisodia writes open letter to people of Delhi, asks “Is this fair?”
दिल्ली की जनता के लिए मेरा एक पत्र
— Manish Sisodia (@msisodia) January 22, 2018
क्या चुने हुए विधायकों को इस तरह गैर-संवैधानिक और गैर-कानूनी तरीके से बर्खास्त करना सही है?
क्या दिल्ली को इस तरह चुनावों में धकेलना ठीक है?
क्या ये गंदी राजनीति नहीं है? pic.twitter.com/9QzU52bTay
Be prepared for both legal & electoral battles: AAP to 20 MLAs
Fight the battle legally but be prepared for the by-polls as well. That’s the message the Aam Aadmi Party has given to its 20 disqualified lawmakers.
Sources in the AAP said, although the party would take all possible legal recourse, the MLAs have been sounded out to be prepared for any eventuality, which is a likely by-poll.
PTI
Delhi High Court to hear matter at 4 pm
The Delhi High Court is scheduled to hear a plea on Monday regarding the disqualification of 20 Aam Aadmi Party (AAP) MLAs in Delhi on charges of holding Office of Profit. Six AAP MLAs had approached the Delhi High Court on Friday, after the Election Commission recommended disqualification of 20 of the party’s MLAs for holding office of profit as Parliamentary Secretaries. The court had, however, refused to grant interim relief to the AAP MLAs, listing the matter for further hearing on Monday.
Jarnail Singh says they are ready to go to any court
I challenge the EC to prove that we got even 1 rupee as salary, or even a house or car. We are ready to go to any court and if there is no option we will go to the people's court: Jarnail Singh, one of the AAP MLAs reportedly disqualified by EC in #OfficeOfProfit case pic.twitter.com/YCZZQlR1S1
— ANI (@ANI) January 20, 2018
Arvind Kejriwal says ‘hurdles are natural’ on path of truth
Hours after news of the Election Commission ECI recommending the disqualification of 20 AAP legislators for holding “office of profit” broke out, Arvind Kejriwal said that “hurdles naturally come when one walks on the path of truth”.
Manish Sisodia calls EC’s recommendation to disqualify MLAs ‘unconstitutional’
"हम राष्ट्रपति महोदय से मिलने का समय मांग रहे हैं, EC द्वारा AAP के 20 विधायकों को अयोग्य घोषित करने की सिफारिश असंवैधानिक है"- @msisodia pic.twitter.com/pSvnRDlpyC
— AAP (@AamAadmiParty) January 20, 2018
Meanwhile, Delhi BJP discusses bypolls to 20 Assembly seats
The Delhi BJP has begun serious parleys on the possibility of bypolls to 20 Assembly segments after the Election Commission’s recommendation to disqualify 20 AAP MLAs. The BJP leaders discussed the issue in a meeting of the party’s core committee members on Friday night, party sources told PTI.
“The matter was discussed in detail along with other issues like the sealing drive underway in north and south Delhi,” said a senior party leader who attended the meeting.
Manish Sisodia appeals to president to hear AAP’s view
There was no hearing, we were not given a chance to explain our stand. We appeal to the President to hear our view too, MLAs will meet President also: Manish Sisodia,Delhi Deputy Chief Minister pic.twitter.com/mDPK5CNGlu
— ANI (@ANI) January 20, 2018
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.
AAP leaders huddle at Arvind Kejriwal’s residence
AAP leaders in a huddle at CM Arvind Kejriwal's residence over disqualification of 20 AAP MLAs by the EC for holding office of profit #KejriwalEndgame
— TIMES NOW (@TimesNow) January 20, 2018
There is a question mark on EC’s decision: Shiv Sena
There is a question mark on decision of Election Commission.Questioning Election Commission is common when decisions like these come. Election Commission is itself responsible for it. : Sanjay Raut , Shiv Sena on reports of disqualification of 20 MLAs of AAP pic.twitter.com/MTRaf3sCPe
— ANI (@ANI) January 20, 2018
Internal AAP survey shows party will lose all 20 seats if bypolls are held today: Kapil Mishra
Kapil Mishra claimed that an internal AAP survey showed that the party was not confident of winning back a single seat after the disqualification of 20 of its MLAs if bypolls were held today, reported India Today.
Mishra also claimed that the report “recommends 12 ticket changes including (those of) Alka Lamba, Adarsh Shastri, Sarita Singh (and) Praveen Deshmukh”.
CEC AK Joti working for his boss Narendra Modi: AAP
#KejriKoDhakka -- CEC AK Jyoti is working for his boss PM Modi. He has a bungalow in Gujarat. Just 3 days before his retirement, he has shown his true face as an agent of BJP. I demand Narendra Modi's resignation: Sanjay Singh, AAP pic.twitter.com/BU1IlKTFIx
— News18 (@CNNnews18) January 20, 2018
My suggestions were ignored: Kumar Vishwas
Its very unfortunate and sad the action against 20 AAP MLAs, I had given certain suggestions earlier but I was told its the CM's prerogative to appoint people so I kept quiet: Kumar Vishvas pic.twitter.com/nT8ez4OmHG
— ANI (@ANI) January 20, 2018
Election Commission has given Narendra Modi a gift: AAP
“The Election Commission, by taking action against 20 MLAs, has given Narendra Modi a gift. But this is dangerous for the country,” said AAP leader Gopal Rai.
“Delhi government has not given even one rupee to any Parliamentary secretary,” Rai further said.
“What has the Delhi MLAs done? Is it only because they belong to AAP? You (EC) are the boss. You can do anything. But history is watching,” said the AAP leader.
“You are murdering democracy,” Rai said.
EC working at the behest of BJP: AAP
According to various news reports, AAP leader Sanjay Singh said that the “Election Commission is acting like Narendra Modi’s agent.”
“The Modi government is violating institutions of democracy,” Singh added.
Kejriwal breaks silence on conntroversy, says truth will prevail
जब आप सच्चाई और ईमानदारी पर चलते हैं तो बहुत बाधाएँ आती हैं। ऐसा होना स्वाभाविक है। पर ब्रह्मांड की सारी दृश्य और अदृश्य शक्तियाँ आपकी मदद करती हैं। ईश्वर आपका साथ देता है। क्योंकि आप अपने लिए नहीं,देश और समाज के लिए काम करते हैं। इतिहास गवाह है कि जीत अंत में सचाई की होती है।
— Arvind Kejriwal (@ArvindKejriwal) January 19, 2018
Kapil Mishra claims 20 AAP MLAs were given offices as Parliamentary Secretaries
हर Parliamentary Secretary को सरकारी दफ्तर मिले थे। ये रहा सबूत ... 20 AAP MLAs pic.twitter.com/SVwQCzaVlE
— Kapil Mishra (@KapilMishra_IND) January 19, 2018
Delhi High Court to hear AAP MLAs’ plea against EC’s decision on Monday
#UPDATE Delhi High Court to hear the matter on Monday
— ANI (@ANI) January 19, 2018
Original petitioner in case, lawyer Prashant Patel says Delhi HC can’t interfere in case
'Delhi HC can’t interfere in this matter', says Petitioner Prashant Patel #AAPKaKyaHoga pic.twitter.com/BSS5ulaygr
— TIMES NOW (@TimesNow) January 19, 2018
Kapil Mishra releases video revealing ’truth’ of the controversy
Every single detail of issue of 20 AAP MLAs - 20 विधायको के मामले का सच - AAP के झूठ का पर्दाफाश pic.twitter.com/4ojgEkAdME
— Kapil Mishra (@KapilMishra_IND) January 19, 2018
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.
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