EC recommends disqualification of 20 AAP MLAs over ‘office of profit’ charge.

The Election Commission today recommended the disqualification of 20 Aam Aadmi Party MLAs of the Delhi Assembly finding them guilty of holding an ‘office of profit’. The commission has written to President Ram Nath Kovind.

 

The Election Commission has recommended the disqualification of 20 AAP MLAs finding them guilty of holding an ‘office of profit’. The EC has written to President Ram Nath Kovind Friday afternoon. The 20 AAP legislators were accused of being unconstitutionally appointed as parliamentary secretaries to assist various ministers of the Delhi government.

Initially, the case was against 21 MLAs but it now stands at 20 after Rajouri Garden MLA Jarnail Singh resigned to contest against Parkash Singh Badal in the Punjab Assembly elections last year.

The EC’s opinion on this matter means that the AAP legislators are set to be disqualified, which could soon force a mini Assembly election in the national capital.

 Explained: Did AAP’s parliamentary secretaries enjoy office of profit?

The term ‘Office of Profit’ has been defined in the Constitution, which prohibits Members of Parliament and MLAs from accepting government positions which carry some financial remuneration or any other benefit such as office space or even a car. Any violation of this provision attracts disqualification of the legislator. The aim of this provision is to preserve the independence of the legislature by keeping its members away from any temptations from the executive.

The Commission’s opinion has been communicated to the President just three days before Chief Election Commissioner AK Joti retires.

The Aam Aadmi Party, which won 67 of the 70 Assembly seats, continues to enjoy a majority in the Delhi Assembly even after the disqualification of the 20 MLAs.

In the first reaction coming from the party, AAP spokesperson Nagendar Sharma tweeted:

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