Disqualification won't arise, unless gains proved: MLAs to HC

The disqualified Aam Aadmi Party (AAP) MLAs today told the Delhi High Court that their disqualification as legislators will not arise till it is proved that they were getting pecuniary benefits by holding the posts of parliamentary secretary.
"Disqualification will not arise, unless it is proved that we are getting any pecuniary benefits out of our posts," a bench of Justices Sanjiv Khanna and Chander Shekhar was told by counsel for some of the disqualified AAP leaders.
Senior advocate K V Viswanathan, appearing for some of the AAP MLAs, argued that no pecuniary benefit was received by these lawmakers who were appointed as parliamentary secretaries, and the EC did not consider vital materials while arriving at its decision recommending their disqualification.

"The Election Commission (EC) did not consider the aspect of what benefits they had derived while ruling that they held offices of profit," the senior counsel submitted.
He said the poll panel's order needs to be set aside as there were more than one reason to do so.
The MLAs made their submissions during the nearly three-hour long hearing of their pleas challenging their disqualification for holding offices of profit.

They denied having received any remuneration, monetary benefit or perks, including official vehicles, in their capacity as parliamentary secretaries. The MLA's counsel also denied that they had access to the files of the ministers.

The arguments on behalf of the MLAs, which remained inconclusive, will resume tomorrow.
Earlier, the MLAs had claimed that they were held guilty of holding office of profit by the EC without giving them an opportunity to explain their stand.
The high court had on January 24 refused to stay the Centre's notification disqualifying the MLAs, but restrained the EC from taking any "precipitate measures" such as announcing dates for by polls to fill the vacancies.
The EC had recommended the disqualification of 20 AAP MLAs on January 19. The President had accepted the EC's opinion the very next day.

The 20 disqualified MLAs include Adarsh Shastri (Dwarka), Alka Lamba (Chandni Chowk), Anil Bajpai (Gandhi Nagar), Avtar Singh (Kalkaji), Kailash Gahlot (Najafgarh) -- who is also a minister, Madan Lal (Kasturba Nagar), Manoj Kumar (Kondli), Naresh Yadav (Mehrauli), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura).
The others are Rajesh Gupta (Wazirpur), Rajesh Rishi (Janakpuri), Sanjeev Jha (Burari), Sarita Singh (Rohtas Nagar), Som Dutt (Sadar Bazar), Sharad Kumar (Narela), Shiv Charan Goel (Moti Nagar), Sukhbir Singh (Mundka), Vijendar Garg (Rajinder Nagar) and Jarnail Singh (Tilak Nagar).
The Delhi High Court had on September 8, 2016, set aside their appointment as parliamentary secretaries on the grounds that they were appointed without the concurrence of the Lieutenant Governor.