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President Kovind approves recommendation to disqualify 20 AAP MLAs

In a quick follow to EC's recommendation to disqualify 20 AAP MLAs, President Ram Nath Kovind has approved the disqualification

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Iranian President Hassan Rouhani has already talked to the Indian
Iranian President Hassan Rouhani has already talked to the Indian President Ram Nath Kovind. Wikimedia Commons
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  • President Kovind approved the EC’s recommendation to disqualify 20 AAP MLAs
  • EC had recommended the disqualification on the charges of holding ‘Office of Profit’
  • Union Law and Justice Ministry has issued a notification regarding the disqualification

President Ram Nath Kovind has approved the Election Commission’s recommendation to disqualify 20 Aam Aadmi Party (AAP) MLAs in Delhi on charges of holding Office of Profit, an official spokesman of the Rashtrapathi Bhavan said on Sunday.

Following the approval, the Union Law and Justice Ministry issued a notification saying that the President has held that the 20 members of Delhi Legislative Assembly stand disqualified under 15 (1) (a) of the Government of National Capital Territory of Delhi (GNCTD) act.

ALSO READ: EC recommends disqualification of 20 AAP MLAs

These 20 MLAs are Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar, Nitin Tyagi and Jarnail Singh.

Disqualification of 20 AAP MLAs comes as a big blow for Arvind Kejriwal. Wikimedia commons
Disqualification of 20 AAP MLAs comes as a big blow for Arvind Kejriwal. Wikimedia commons

The Election Commission on Friday recommended disqualification of 20 AAP MLAs for holding office of profit as Parliamentary Secretaries.

It gave its opinion to the President on a complaint by advocate Prashant Patel, a member of the Hindu Legal Cell, in June 2015, who petitioned then President Pranab Mukherjee alleging illegality in the appointment of Parliamentary Secretaries.

ALSO READ: Can India achieve good governance without intra-party democracy?

The application by Patel said 21 AAP MLAs, including Jarnail Singh (Rajouri Garden) who resigned to contest the Punjab Assembly polls last year, were appointed Parliamentary Secretaries to Ministers in the Delhi government in violation of the Constitution. (IANS)

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Blow for Kejriwal: EC recommends disqualification of 20 AAP MLAs

A big blow to the Aam Aadmi Party after the Election Commission recommended disqualification of 20 of its MLAs

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Arvind Kejriwal's party seems to be in trouble after the EC recommended disqualification of 20 of its MLAs. Wikimedia commons
Arvind Kejriwal's party seems to be in trouble after the EC recommended disqualification of 20 of its MLAs. Wikimedia Commons
  • 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 approach the Delhi High Court, pleading that the recommendation be struck down. Wikimedia Commons
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.

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:

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)