Blow to Kejriwal govt: EC recommends disqualification of 20 AAP MLAs

New Delhi: In a big setback for the Aam Aadmi Party (AAP), the Election Commission on Friday recommended that 20 MLAs of Arvind Kejriwal-led party be disqualified on charge of holding 'office of profit'.

The decision comes days before Achal Kumar Joti retires as the Chief Election Commissioner.  Sources said the EC has forwarded its recommendation to the President.

If the President accepts the recommendation, Delhi will see a mini-assembly election with 20 seats up for grabs in the 70-member House.

Initially, 21 MLAs were named in the case. The number came down to 20 after Rajouri Garden MLA Jarnail Singh resigned to contest against Parkash Singh Badal in the Punjab Assembly elections.

As OP Rawat is all set to become the Chief Election Commissioner it remains to be seen what happens to his decision to recuse himself from hearing all AAP related issues. This after Delhi Chief Minister Arvind Kejriwal questioned his impartiality in a media interview in April, 2017.

However, the option before the party remains to challenge the Election Commission ruling in the higher court. In August 2017, the Delhi High Court had refused to entertain AAP MLAs' plea for staying the Commission's order upholding maintainability of the petition.

The ground on which the High Court had quashed was that since EC's proceedings on hearing the central issue of whether the MLAs had indeed held 'office of profit' were yet to begin, there was no scope for a stay.

The issue in front of the Election Commission was whether the office of Parliamentary Secretary in the GNCTD, 1991 constitutes an ‘office of profit’. Article 191 of the Constitution has not defined what is an ‘office of profit’ which has paved the way to the Courts to lay down the law

The entire issue came into existence when on March 13, 2015, the Arvind Kejriwal government passed an order appointing 21 MLAs as Parliamentary Secretaries. This was challenged by Advocate Prashant Patel who petitioned President Pranab Mukherjee on June 19, 2015, that these MLAs were now holding ‘office of profit’ and should be disqualified.

The Delhi Legislative Assembly, then passed the Delhi Member of Legislative Assembly (Removal of Disqualification) ( Amendment Bill ), 2015 excluding Parliamentary Secretaries from “ office of profit’ with retrospective effect.

However, the President withheld assent to the amendment bill and referred the matter to the Election Commission.

Names of 20 AAP MLAs who have been recommended for disqualification

Praveen Kumar (Jangpura)

Sharad Kumar (Narela)

Adarsh Shastri (Dwarka)

Madan Lal (Kasturba Nagar)

Shiv Charan Goel (Moti Nagar)

Sanjeev Jha (Burari)

Sarita Singh (Rohtas Nagar)

Naresh Yadav (Mehrauli)

Jarnail Singh (Tilak Nagar)

Rajesh Gupta (Wazirpur)

Som Dutt (Sadar Bazar)

Rajesh Rishi (Wazirpur)

Avtar Singh (Kalkaji)

Kailash Gahlot (Najafgarh)

Vijender Singh Vijay (Rajinder Singh)

Anil Kumar Bajpal (Gandhi Nagar)

Manoj Kumar (Kondli)

Alka Lamba (Chandni Chowk)

Nitin Tyagi (Laxmi Nagar)

Sukhvir Singh (Mundka)