AAP MLAs Withdraw Plea Seeking Stay On Disqualification

The Election Commission asked the President to disqualify 20 AAP MLAs for holding office of profit.

The Quint
India
Updated:
Arvind Kejriwal, Chief Minister of Delhi. 
i
Arvind Kejriwal, Chief Minister of Delhi. 
(Photo: PTI)

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A Government of India notification on Sunday, 21 January, said that President Kovind has approved the EC recommendation to disqualify 20 AAP MLAs from the Delhi Assembly. The notification said that the MLAs were found guilty of holding “office of profit” despite being elected representatives.

The case of disqualification of AAP MLAs is up for hearing at the Delhi High Court on Monday, 22 January.

Delhi Chief Minister Arvind Kejriwal held a meeting with the 20 MLAs at his residence on Saturday, 20 January.

The Election Commission had on Friday, 19 January, asked President Ram Nath Kovind to disqualify 20 AAP MLAs, alleging that they had held ‘office of profit’.

  • A government notification on Sunday said that 20 MLAs were disqualified
  • Election Commission on Friday asked President Kovind to disqualify 20 AAP MLAs for being parliamentary secretaries
  • Delhi High Court refused to grant interim relief to the 20 AAP MLAs in the ‘office of profit’ case on Friday
  • AAP President and Delhi Chief Minister Arvind Kejriwal held a meeting with the disqualified MLAs at is residence on Saturday
  • “They have filed false cases against the 20 MLAs of AAP,” Kejriwal said

AAP Withdraws Plea Seeking Stay On Disqualification

The 20 MLAs, whose appointment as parliamentary secretaries was questioned, told the High Court that they would move fresh petitions against the taking away of their assembly seats as their pleas had become infructuous after President Ram Nath Kovind put a stamp of approval on the EC's recommendation.

Justice Rekha Palli allowed the MLAs to withdraw their plea, terming it "dismissed as withdrawn".

Advocate Manish Vashisht, appearing for one of the AAP MLAs, told the court that a notification has been issued on 20 January by the government after the President accepted the poll panel's recommendation.

Kejriwal Says "False Case" Against His MLAs

Addressing an audience in Najafgarh, Delhi Chief Minister Arvind Kejriwal said that “false cases” have been registered against his party MLAs.

They have filed false cases against the 20 MLAs of AAP. They got CBI raid done at my office, but after a 24-hour search they only found my four mufflers. In the whole country, they have only found Kejriwal corrupt and everyone else honest... The L-G had called 400 files of our government (pertaining to decisions taken in two years), but when they did not find anything against us... they today disqualified our 20 MLAs.
Delhi CM Arvind Kejriwal

Kejriwal also took to Twitter to react to the development, saying, "There was some logic when God gave us 67 seats. The Almighty stood behind us in our every step. Otherwise we would have been nothing... Just don't stray away from the path of truth."

'President's Order Tughluqshahi of the Worst Order': Yashwant Sinha

Interestingly, BJP leaders Yashwant Sinha and Shatrughan Sinha have also backed the AAP with the former saying the decision depicts "tughluqshahi" of the worst order.

Shatrughan Sinha said the "politics of vendetta" against the AAP would not last long.

AAP leader Ashutosh also asserted that the president's order is "unconstitutional" and "dangerous for democracy."

"President's Decision Taken In Haste": Disqualified AAP MLA Lamba

AAP MLA Alka Lamba who was one of the disqualified 20 MLAs accused the Centre of influencing constitutional institutions.

Unfortunate that the President took the decision in such haste, without giving us chance to speak. It’s an act of Centre using constitutional institutions. We’ve trust on judiciary. Doors of the High Court and Supreme Court are open for us.
Alka Lamba

AAP Will Knock the Doors of SC If Need Be: Gopal Rai

Reacting to President Ramnath Kovind’s approval to disqualify 20 AAP MLAs from the Delhi Assembly, Minister Gopal Rai said:

We had hoped to go to the President asking him to give us a chance to present ourselves. Now we received this news. AAP will knock the doors of High Court and even the Supreme Court if the need be.
Gopal Rai, AAP Minister

20 AAP MLAs Disqualified, Says Govt Notification

President Ramnath Kovind on Sunday, 21 January, approved the Election Commission recommendation to to disqualify 20 AAP MLAs from the Delhi Assembly for holding office of profit. The notification said that the office of ‘parliamentary secretaries’ was not exempted from the ‘office of profit’ rule.

This has paved the way for bypolls in 20 constituencies of the Delhi Assembly in the next six months.

Names of the MLAs disqualified from the Delhi Assembly.
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EC Acting As BJP's Agent, Says AAP Leader Sanjay Singh

AAP leader Sanjay Singh on Saturday accused Prime Minister Narendra Modi and his government of trying to "murder democracy" and alleged that the Election Commission (ECI) had taken a unilateral and one-sided decision to recommend disqualification 20 AAP legislators, IANS reported.

"EC is acting as a poll agent of the Bharatiya Janata Party (BJP)," he said while addressing a press conference in Lucknow. Singh, who is Rajya Sabha member from the party, further pointed out that the High Court had quashed the appointments and did not cancel membership of any legislator.

In 2006, the Sheila Dixit-led Congress government had given office of profit to 19 party legislators, Haryana has four parliamentary secretaries, Punjab also has such an office, Himachal Pradesh has 11 such offices and similar is the case in Jharkhand and Chhattisgarh.
AAP leader Sanjay Singh

The AAP leader called for the Prime Minister's resignation, further alleging that under his tenure as Gujarat Chief Minister, parliamentary secretaries were appointed but were given the status of deputy ministers with all facilities and perks entitled to them.

"We Are Being Victimised": AAP

The AAP on Saturday claimed it was being "victimised" as its 20 MLAs face disqualification for holding offices of profit, even as it asserted that the party was "not afraid of elections".

AAP Delhi unit chief Gopal Rai alleged that the poll panel failed to give the party a hearing before sending its recommendations to the president.

"It is an undemocratic step. They are taking revenge from people of Delhi, the government and the Chief Minister of Delhi," he said.

The AAP leader said the appointment of parliamentary secretaries had come up in various other states including Gujarat, Madhya Pradesh, Chhattisgarh, Haryana and Rajasthan, but only AAP was "being targeted".

"This is double standard. Doesn't the constitution apply to all? We are being victimised. It is worse than the British Raj," he said.

We Didn't Take Even Rs 1 as Salary: Jarnail Singh, AAP MLA

Jarnail Singh, one of the AAP MLAs reportedly disqualified by EC challenged the commission to prove that any of them took even Rs 1 as salary.

I challenge the EC to prove that we got even 1 rupee as salary, or even a house or car. We are ready to go to any court and if there is no option we will go to the people’s court.
Jarnail Singh

Dy CM Manish Sisodia Alleges EC Did Not Give MLAs a Hearing

Deputy Chief Minister of Delhi, Manish Sisodia claimed that there was no hearing and they were not given a chance to explain their stand. They appealed to the President to hear their views as well.

Election Commission's Decision is Questionable: Sanjay Raut

Shiv Sena’s Sanjay Raut said the decision to disqualify the 20 AAP MLAs is questionable and said the Commission is itself responsible for it.

'It is an undemocratic step': AAP Delhi Chief Gopal Rail

The AAP, on 20 January, claimed to be "victimised" and asserted that it was "not afraid of elections".

AAP Delhi unit chief Gopal Rail alleged that the poll panel failed to give the party a hearing before sending its recommendations to President Ram Nath Kovind.

It is an undemocratic step. They are taking revenge from people of Delhi, the government and the chief minister of Delhi.
AAP Delhi Unit Chief Gopal Rail

The AAP leader said the appointment of parliamentary secretaries had come up in 11 states, but only AAP was being targeted.

Kejriwal to Meet the 20 MLAs Listed for Disqualification

Delhi Chief Minister Arvind Kejriwal will be holding a meeting with the 20 MLAs, who were listed for disqualification by the Election Commission, at his residence.

In a blow to the ruling Aam Aadmi Party, the Election Commission had, on 19 January, asked the president to disqualify 20 of its MLAs for holding office of profit, setting the stage for their ouster from the assembly.

The Commission said the party MLAs, by occupying the post of parliamentary secretaries between 13 March 2015 and 8 September 2016, held office of profit, and were liable to be disqualified as legislators.

The Delhi High Court, however on 19 January, refused to pass any interim order of protection to the listed AAP MLAs. The case of disqualification of AAP MLAs is up for hearing at the Delhi High Court on Monday.

After the news broke, political mudslinging and both Congress and BJP leaders demanded that Kejriwal resign from the post of Chief Minister.

(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)

Published: 20 Jan 2018,04:46 PM IST

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