Days after Delhi Chief Minister Arvind Kejriwal held a rally in Maharashtra, the Aam Aadmi Party (AAP) on Thursday announced that it will contest all elections in the State. But can it, with this charge on it?
The Election Commission has reportedly recommended to President Ram Nath Kovind to disqualify 20 Aam Aadmi Party legislators for allegedly holding offices of profit as Parliamentary Secretaries.
The party will be approaching judicial authorities and appeal the matter.
If cleared by the Office of the President, the disqualification would mean that of Arvind-Kejriwal led AAP’s cabinet will be reduced to 47 from the existing 67.
While the President’s decision remains to be seen, the disqualification may tarnish the image of a rather unconventional political party which came to power promising corruption-free governance.
Mayank Gandhi, former AAP leader, said, “It is time to go back. There is no danger to the Delhi government.AAP will be approaching the highest court and the authorities in the matter.”
Vijender Gupta, Leader of Opposition, said, “It is a delayed action by the election commission. Now the ball is in the court of the honourable President of India.”
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The controversy over the “office of profit” started after a 29-year old lawyer Prashant Patel filed an application in 2015 to the President’s office, questioning the appointment of AAP MLAs as parliamentary secretaries.
The Congress had on June 9, 2016, moved the poll panel to seek disqualification of 21 AAP MLAs and has been pursuing the matter ever since.
Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls in February 2017.
In October last year, the EC had issued a notice to the Aam Aadmi Party lawmakers for an explanation.
In June 2017, the EC rejected the MLAs pleas to drop the “office of profit” case against them and ruled that the disqualification proceedings against them will continue.
In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the posts of Parliamentary Secretary from the definition of office of profit with retrospective effect.
However, then President Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016, which declared them illegal since the order had been passed “without concurrence/approval of the Lt Governor”.
As of now the Congress has demanded that Arvind Kejriwal to resign on moral grounds. BJP too echos this chorus.
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