AAP terms controversy over its MLAs a 'political ploy'

Statement comes even as Congress joins BJP in stepping up demand for disqualification of 21 AAP legislators

The Congress on Wednesday joined the Bharatiya Janata Party (BJP) in stepping up its demand for disqualification of 21 Aam Aadmi Party (AAP) legislators appointed by the Arvind Kejriwal government as parliamentary secretaries. AAP termed the presidential refusal to give assent to a Bill to shield the legislators from the office of profit rule as "purely political".

Congress and BJP are AAP's principal rivals not just in Delhi but also in states like Goa and Punjab, which are due for Assembly polls by February 2017. In both these states, but particularly Punjab, AAP is emerging as a strong contender to what has for more than a decade remained a bipolar contest between BJP and Shiromani Akali Dali alliance on one side and the Congress on the other.

Any disqualification of AAP MLAs would mean by-elections to these 21 seats in Delhi, which might be scheduled alongside the Assembly polls to Goa, Punjab, Uttar Pradesh, Uttarakhand and Manipur by early 2017. Such a scenario, given AAP is a nascent one leader party, can hamper Kejriwal in campaigning in Punjab and Goa.

The AAP said the President's decision, "based on the Centre's recommendation", was not on technical grounds "as being projected" as BJP and Congress themselves had appointed their lawmakers as parliamentary secretaries in Delhi and other states.

It said the Delhi government released an order, dated May 7, 1997, through which the then BJP government under Sahib Singh had appointed Nand Kishore Garg as parliamentary secretary.

Kejriwal tweeted, "Modi is only scared of AAP. He sees AAP everywhere - in the morning, evening, during daytime and in night." Kejriwal had on Tuesday wondered why nobody was talking about legislators occupying similar posts in states like Gujarat, Rajasthan and Punjab.

AAP's Delhi Convenor Dilip Pandey said Supreme Court orders "make it clear" that a post will be considered office of profit only if monetary gains are involved and that AAP's parliamentary secretaries never drew salaries or allowances.

The Congress said in a commentary posted on its website: "AAP has cried hoarse saying that these 21 MLAs/ parliamentary secretaries received no salaries. As they clamber to save themselves, it appears AAP have not bothered to read Supreme Court's judgments which have clearly stated that 'office of profit' is not deemed by salary alone."

It said the 'office of profit' is determined by perks, which undoubtedly these 21 MLAs were enjoying at the cost of the Delhi taxpayer. The Congress said there is a limit to the number of ministers Kejriwal can appoint and in an attempt at ingenuity gave 21 MLAs the position of 'parliamentary secretaries'. "These positions are not in the statute books, so are not legal and have been deemed an 'Office of Profit'," it said.