On recommendation by the Electoral Commission (EC), Ram Nath Kovind, the President of India disqualified 20 Aam Aadmi Party (AAP) Members of Legislative Assembly (MLAs) for holding “office-of-profit.” After the President’s announcement, the 20 MLAs moved to court to withdraw their previous plea and file a different one. The withdrawal came as a result of Kovind’s decision to consent to EC’s recommendations to disqualify the 20 MLAs. The AAP MLAs’ Counsel explained that the President’s decision made the previous petition fruitless hence their move to withdraw the petition.
The decision carried out by the EC and approved by the President was carried out under Section 15 (1) (a) of the Government of National Capital Territory of Delhi (GNCTD) Act 1991.
Electoral Commission Files Affidavit at Delhi High Court
On January 30, Delhi High Court asked the EC to file an affidavit which explained the factual aspects upon which the commission decided to follow and made the recommendation that the 20 MLAs should be disqualified in contempt of holding office for profit. The EC complied with the Court’s request and filed their affidavit on Sunday contesting the MLA’s current plea.
The 20 MLAs complained in their petition that they were never given an audience with the commission to argue their case. The EC objected to these claims and were urged by the High Court, in this regard, to file a written reply on the matter. Delhi High Court set February 7as the date for the hearing the case.
On an earlier account, the High Court sought the Electoral Commission not to issue notifications on MLA seats belonging to the 20 members. It also asked all respondents including the EC to reply to the plea of disqualified MLAs. Eight AAP MLAs filed a plea against their disqualification for holding “office of profit.”
Overview of the Case
The EC panel made its recommendations on January 19 advising President Ram Nath Kovind to disqualify 20 AAP MLAs found guilty of office for profit. The case was presented to the EC by Prashant Patel, an Advocate challenging appointments of 21 Delhi MLAs. At the moment its 20 MLAs as the Jarnail Singh resigned in 2017 to seek another position in the Punjab polls. Proceedings against him were consequently dropped.
Arvin Kejriwal, Delhi Chief Minister accused the BJP of having a hand in the disqualification of the MLAs. He stated on Sunday 21 that BJP used the same tactic to try and bring him down but failed.
