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EC: Disqualify 20 Delhi AAP MLAs; no HC relief

New Delhi, In a blow to Delhi’s ruling Aam Aadmi Party (AAP), the Election Commission today recommended to the President to disqualify 20 of its MLAs for holding office of profit, setting the stage for their ouster from the Assembly. Seven of these MLAs moved the Delhi High Court, which refused any interim order of protection to the MLAs whose names had been recommended for disqualification.
Justice Rekha Palli, however, asked the EC to inform the court on January 22 whether the recommendation had been communicated to President Ram Nath Kovind as the MLAs had sought that they be heard by the poll panel if no such communication had been made.
In its opinion sent to President Kovind this morning, the EC said the MLAs, by occupying the post of Parliamentary Secretary between March 13, 2015, and September 8, 2016, held office of profit, and were liable to be disqualified as legislators, sources said. Parliamentary Secretaries assist ministers with their work.
Attacking Chief Election Commissioner AK Joti, AAP claimed he was “repaying the debt” to Prime Minister Narendra Modi before retiring. “Joti was the Principal Secretary under (then Gujarat CM) Narendra Modi and then Chief Secretary of Gujarat. He is retiring on Monday. So you want to repay Modiji’s debt. You are mortgaging a constitutional body like the Election Commission,” AAP spokesman Saurabh Bharadwaj alleged. He said the poll panel did not hear the MLAs’ side.
As per the Constitution, the President is bound to go by the recommendations of the commission. Under the rules, petitions to the President seeking disqualification of lawmakers are referred to the EC. The poll panel takes a decision and sends its recommendation to Rashtrapati Bhavan, which is accepted.
In the present case, a petition was made to disqualify 21 MLAs, but one resigned a few months back. Once the President accepts the recommendation, byelections will have to be held for 20 seats.
The disqualification will not jeopardise the Arvind Kejriwal government as AAP has a massive majority in the 70-member Delhi Assembly.
The BJP was quick to question if the AAP government had any “moral right” to stay in view of the EC’s recommendation. Delhi BJP chief Manoj Tiwari said the BJP was prepared for elections “any moment”.
The Delhi Congress too demanded Kejriwal’s resignation with its president Ajay Maken tweeting: “Half of his Cabinet ministers removed on corruption charges! 20 MLAs enjoying ministerial perks would be disqualified! Where is Lokpal? MLAs and ministers enjoying perks of power and foreign travel, where is political probity?”

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