The EC in its final hearing, likely to be in August, will decide on their disqualification, according to ANI.
The EC had in March reserved its order on the plea of the AAP
MLAs that it should drop the case of office of profit
against them as their appointment as parliamentary secretaries has already been set aside by the Delhi High Court.
At the fourth hearing of final arguments on a petition seeking the disqualification of AAP
lawmakers on Monday, the Commission said it is reserving the order on whether the office of profit
case should continue against the AAP
The EC has also made it clear that the Delhi High Court order that set aside their appointments won't come in the way of the poll panel while deciding their disqualification as "the MLAs held the post de facto".
While the AAP
said after the Delhi High Court ruling the case should be dropped against them, the petitioner, Prashant Patel, maintained that the court order should have no bearing on the case being heard by the EC as they were enjoying the fruits of that office till their appointment was set aside by the high court.
On September 8, the high court had set aside the appointment of 21 party MLAs as parliamentary secretaries. The court had said the order to appoint them as parliamentary secretaries was given without the concurrence of the Lieutenant Governor (LG).
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal had set aside the March 13, 2015, order after the counsel appearing for the Delhi government "conceded" that it was issued without taking concurrence or views of the LG.
The poll panel had heard the case on December 16 last before it got busy with assembly elections in five states.
On EC's verdict, BJP spokesperson Sambit Patra tweeted his approval. He said, "So finally the noose tightens around corrupt AAP.