Blow for Kejriwal: EC recommends disqualification of 20 AAP MLAs

The EC recommended disqualification of 20 AAP MLAs under the 'office of profit' pretext
AAP looks forward to approaching the Delhi High court
The controversy started after Prashant Patel had submitted an application to the President

The Election Commission has recommended the disqualification 20 AAP MLAs. The EC found them guilty of holding an 'office of profit'. The recommendation has been sent to the President. If cleared, the disqualification would mean that AAP's strength in Delhi Assembly will reduce from 67 to 47.

The 20 AAP legislators were accused of being unconstitutionally appointed as parliamentary secretaries to assist various ministers of the Delhi government. The EC's opinion on this matter means that the AAP legislators are set to be disqualified, which could soon force a mini Assembly election in the national capital.

The party now looks forward to approaching the Delhi High Court, pleading that the recommendation is struck down. Wikimedia Commons

"This is unprecedented. The MLAs in question didn't get a chance to present their case before the EC. In fact, we didn't hear the news from the EC, but news channels," AAP spokesperson Saurabh Bhardwaj said.

ALSO READ: Anna Hazare comes out in open support about Chanda Bandh Satyagraha against Aam Aadmi Party (AAP)

Opposition parties have demanded the immediate resignation of Arvind Kejriwal as chief minister of Delhi on moral ground.

Disqualification of 20 AAP MLAs is a huge moral defeat for CM @ArvindKejriwal. It has put his leadership in peril. He must resign on ethical grounds.
— Vijender Gupta (@Gupta_vijender) January 19, 2018

Kejriwal has no right to continue.
Half of his cabinet ministers removed on corruption charges!
20 MLAs who were enjoying ministerial perks would be disqualified!
Where is Lokpal?
The MLAs and Ministers enjoying perks of power and foreign travel-Where is political probity?
— Ajay Maken (@ajaymaken) January 19, 2018

The 'office of profit' controversy had started after a lawyer, Prashant Patel, had filed an application in 2015 to the President's office. It questioned the appointment of AAP MLAs as parliamentary secretaries.

The Congress had filed a petition in Election Commission in 2016 as a follow-up, based on this application. The opposition party sought disqualification of 21 AAP MLAs.

Kejriwal had appointed MLAs in March 2015 and his government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, in June 2015. Wikimedia Commons

AAP had argued that this post did not qualify as an office of profit as there is no monetary benefit attached to it. But then President Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016, declaring them illegal since the order had been passed "without concurrence/approval of the Lt Governor".

ALSO READ: Discontentment in the Aam Aadmi Party is resulting in Resignation and withdrawals from the party

In the first reaction to the EC recommendation, AAP spokesperson Nagendar Sharma tweeted:

This must be the first ever recommendation in EC history where a recommendation has been sent without even hearing the main matter on merits. NO HEARING TOOK PLACE IN EC ON THE POINT OF OFFICE OF PROFIT
— Nagendar Sharma (@sharmanagendar) January 19, 2018

Here's the list of 20 MLAs who have been recommended to be disqualified:

1. Naresh Yadav (Mehrauli)
2. Som Dutt (Sadar Bazar)
3. Praveen Kumar (Jangpura)
4. Nitin Tyagi (Laxmi Nagar)
5. Adarsh Shastri (Dwarka)
6. Sanjeev Jha (Burari)
7. Jarnail Singh (Tilak Nagar)
8. Sukhvir Singh (Mundka)
9. Madan Lal (Kasturba Nagar)
10. Sarita Singh (Rohtas Nagar)
11. Alka Lamba (Chandni Chowk)
12. Rajesh Rishi (Janakpuri)
13. Anil Kumar Bajpai (Gandhi Nagar)
14. Manoj Kumar (Kondli)
15. Kailash Gahlot (Najafgarh)
16. Avtar Singh (Kalkaji)
17. Vijendar Garg Vijay (Rajinder Nagar)
18. Rajesh Gupta (Wazirpur)
19. Sharad Kumar (Narela)
20. Shiv Charan Goel (Moti Nagar)