The Delhi Lokayukta has dismissed a complaint challenging allocation of rooms to the 21 Parliamentary Secretaries in the Assembly premises by Speaker Ram Niwas Goel, saying it has "no jurisdiction over the Speaker or the Deputy Speaker".
The complainant, RTI activist and BJP leader Vivek Garg, had alleged that Goel had issued the order under the "influence" of Deputy Chief Minister Manish Sisodia. The office spaces would amount to "wrongful gains", he had said.
However, Lokayukta Justice Reva Khetrapal said the forum has "no jurisdiction" to go into any allegations in respect of the conduct or orders passed by the Speaker and the Deputy Speaker.
The definition of public functionary, as defined by the Delhi Lokayukta and Uplokayukta Act, does not include the Speaker and the Deputy Speaker and such arguments if accepted can lead to "disastrous results", the Lokayukta said in a order dated July 27.
"The legislature has specifically spelt out that the Lokayukta or Uplokayukta will have no jurisdiction over the Speaker or the Deputy Speaker of the assembly.
"It is not for this forum to go into behind the order and to examine what influence was exerted upon the Speaker or the lack of it or what impelled him to pass the order," it said.
The order came at a time when the Election Commission is hearing the office of profit case that seeks disqualification of the 21 AAP legislators. On July 21, the Commission had reserved its order on the issue. The next hearing is scheduled for August 10.
The AAP government had appointed the parliamentary secretaries to assist its ministers. Subsequently, the city government had sought to amend the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt these posts from disqualification provisions in office of profit cases.
However, the President refused to give his assent to the Bill.
