AAP targets EC, says complaint against its MLAs should have been thrown into dustbin

The ruling AAP Thursday questioned independence of the Election Commission, saying the "fake and false" complaint of holding office of profit against its 27 MLAs should have been consigned to dustbin in the first place, which has been dismissed by the President.

A plea to disqualify 27 AAP MLAs for allegedly holding office of profit by being appointed as chairpersons of Rogi Kalyan Samitis (RKSs) attached to various city hospitals was Thursday dismissed by President Ram Nath Kovind.

Welcoming President's decision, party spokesperson Dilip Pandey saying the move defeated BJP's attempt at "undermining" constitutional institutions in the country.

The AAP in a detailed statement asserted that it was of the "firm view" that "such a fake and false complaint" should have been consigned to the dustbin by the Rashtrapati Bhawan itself during the tenure of the previous president and should not have been forwarded to the EC in the first place.

"Most unfortunately, the EC not only decided to entertain such a trash as a petition but also has decided to initiate the proceedings on the basis of rubbish which in normal circumstances would have been consigned to the dustbin," it said.

The party questioned independence of the EC, saying its actions suggested it was not.

"Are you truly independent? Your actions suggest you are not. Unfortunately," the statement said.

It was also alleged by the AAP that a mere "complaint/representation" by a person was "generously accorded" the legally elevated status of a petition, without even a preliminary inquiry first by the Rashtrapati Bhavan and later the EC.

"Was the Election Commission under any obligation or pressure to proceed against certain MLAs irrespective of all the legal infirmities in the so-called petitions?", the statement said.

The Delhi Members of Legislative Assembly of Delhi (Removal of Disqualification) Act, 1997 clearly shows that the positions of chairperson and member of RKSs are secured from disqualification as early as in 2006, that too with retrospective effect, it added.

The President signed the order dismissing the plea against AAP legislators based on an opinion given by the Election Commission in July, a senior poll panel functionary said Thursday. The EC had found no merit in the plea.

Such pleas are sent to the President who forwards it to the EC. The EC then gives its opinion based on which the President has to issue orders.

According to an order issued by the Delhi government's Health and Family Welfare Department on April 26, a 'Rogi Kalyan Samiti' (Patient Welfare Committee) is advisory in nature, which will assist health facilities, develop and customise strategies among others.