Office of profit: Blow to Kejriwal as EC tightens noose around 20 AAP MLAs

If 20 AAP MLAs get disqualified, Delhi will go for a mini-election, in which the Congress and BJP will also contest

In a major setback for the Arvind Kejriwal-led Aam Aadmi Party (AAP), media reports on Tuesday suggested the Election Commission (EC) had directed 20 AAP MLAs to respond to a Delhi lawyer’s plea seeking their disqualification for allegedly holding offices of profit as parliamentary secretaries.

Though the notice was served individually on the MLAs last week, none had approached the high court for a stay on the proceedings, reported The Times of India. The due date for their written replies is October 16, following which, the poll panel will set a date for the case.

What if AAP MLAs are disqualified?

If the 20 AAP MLAs indeed get disqualified, Delhi will undergo a mini-election, in which both the Bharatiya Janata Party (BJP) and Congress will most likely seize the opportunity of grabbing seats in the Assembly. 

What is the case about?

The petition is against the party's nearly two dozen MLAs for allegedly holding offices of profit, despite the Delhi High Court setting aside their appointment as parliamentary secretaries. The court had said the order to appoint them as parliamentary secretaries were given without the concurrence of the lieutenant governor (LG).

Of these 21 legislators, Jarnail Singh had resigned in January to contest the Punjab Assembly Elections.

However, EC has 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".

Therefore, EC had in March reserved its order on the plea of the AAP MLAs that it should drop the case of the office of profit against them as their appointment as parliamentary secretaries has already been set aside by the Delhi High Court.

EC's response on June 23, 2017

Moreover, the petitioner, Prashant Patel, said 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.

The poll panel had heard the case on December 16 last before it got busy with assembly elections in five states.