The Election Commission today reserved its order on a plea of 21 AAP legislators who questioned the maintainability of a petition seeking their disqualification for holding the post of parliamentary secretaries, alleged to be an office of profit.
During today's hearing, petitioner Prashant Patel, while defending his petition seeking their disqualification as MLAs, demanded a day-to-day hearing so that the matter concludes early.
The AAP legislators, whose appointment as parliamentary secretaries is under challenge, said the EC should consider only the first petition filed by Patel, who moved the plea before the poll body on which the President had sought opinion of the Commission.
They said the Commission cannot consider the second set of documents filed by Patel after the President had already sought opinion on the first petition.
They insisted the second set of documents were not maintainable. Patel, however, argued that the second set was "not a fresh petition but a response to details sought by the EC".
The MLAs were of the view that EC should have sought the details from Delhi government and not the petitioner.
During the hearing, Patel said it would be proper that the Commission heard the two sides on a daily basis so that the matter can be decided at an early date.
The Commission reserved its order on the issue of the maintainability of the second set of documents filed by Patel. AAP says it is effectively a "second petition" which cannot be considered.
"Once the EC decides on the issue, it will give the next date of hearing," Patel later said.
On July 27, the commission had rejected pleas of Congress, BJP and Delhi government to implead them as parties to the petition in the alleged office-of-profit case.
The EC issued notices to the AAP legislators in June after the petition was filed before it by Patel.
The MLAs responded to the notices, saying there was no "pecuniary benefit" associated with the post and it comes without any remuneration or power.
They had also sought personal hearings before the EC.
Delhi's AAP government had appointed 21 parliamentary secretaries to assist its ministers.
Subsequently, the city government sought to amend the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, so as to exempt parliamentary secretaries from disqualification provisions in 'office of profit' cases.
However, the President refused to give his assent to the Bill.
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