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

News Network
January 19, 2018

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)

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News Network
February 21,2020

Nagpur, Feb 21: Former Maharashtra chief minister and senior BJP leader Devendra Fadnavis on Friday condemned AIMIM leader Waris Pathan's reported remarks that 15 crore Muslims are more than a match for the country's 100 crore Hindus, and asked the latter not to mistake the majority community's tolerance for weakness.

Pathan has been widely condemned for reportedly stating that "15 crore hain lekin 100 crore pe bhari hain".

He purportedly made these comments while addressing an anti-Citizenship (Amendment) Act rally in Kalaburagi in north Karnataka on February 16. The AIMIM leader has claimed he was quoted out of context.

Speaking to reporters in Nagpur, Fadnavis demanded an apology from Pathan and asked the Uddhav Thackeray government to take action.

"We condemn the statement made by Waris Pathan and demand an apology. In case he does not apologise, the state government must take action against him," he said.

Fadnavis said Pathan should understand that minorities were safe and enjoyed full freedom in India because 100 crore Hindus live in the country.

He said no one would dare utter such a statement in a Muslim-majority nation, adding that the "Hindu community is tolerant but its tolerance should not be mistaken for weakness".

"Pathan should apologise to the nation and the Hindu community," he said.

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News Network
January 30,2020

Mumbai, Jan 30: The Shiv Sena on Thursday endorsed Union home minister Amit Shah's view that alleged inflammatory statements made by Sharjeel Imam, an anti- Citizenship (Amendment) Act (CAA) activist, were dangerous.

No politics should be done on the issue, and such "pest" afflicting the country should be finished off, it said.

Imam was arrested on Tuesday in connection with his speeches at Jamia Millia Islamia University in Delhi and in Aligarh during anti-CAA protests.

He has been booked for sedition, among other offences.

In an editorial published in its mouthpiece `Saamana', the Sena, a former ally of the BJP, said, "We agree with union home minister's comments that Sharjeel Imam's alleged words of separation are more dangerous than that of Kanhaiya Kumar."

Kumar, former student leader from Jawaharlal Nehru University, had been arrested over alleged separatist slogans shouted during a protest on varsity campus.

The Sena, which has formed alliance with the Congress and NCP to come to power in Maharashtra, is often seen walking a tightrope to preserve its credentials as a pro-Hindutva party.

"The union home ministry, while initiating action against Imam, should not indulge in politics and try to finish off this pest that is afflicting our country," the editorial said.

"One must find out why such language of breaking up this country into pieces is being used by the educated youth of this country more and more frequently. Who is spewing such venom into the mind of Sharjeel who did his graduation from IIT-B and now pursuing PhD from JNU?" the Sena asked.

"Even people involved in Elgar Parishad at Pune are facing sedition charges and these people have been known as intellectuals and are well-known personalities," said the party.

"A conspiracy to bring about a conflict between Hindus and Muslims and ensure continuance of anarchy and civil war as in Iraq and Afghanistan exists. The boost for such activities is coming from a 'political laboratory'," the editorial said.

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News Network
May 15,2020

New Delhi, May 15: Union Health Minister Harsh Vardhan has appealed to all states and Union Territories to ban the sale of smokeless tobacco products and spitting in public places in line with the orders of the Rajasthan and Jharkhand governments to prevent the spread of coronavirus infection.

In a letter to all state health ministers, Vardhan said smokeless tobacco users have a tendency to spit in public places or otherwise and therefore, increase health risks especially those of spreading contagious diseases like COVID-19, tuberculosis, swine flu, encephalitis and others.

"Use of smokeless tobacco also creates an unhygienic environment which further spreads the diseases. The large gathering at the retail outlets where smokeless tobacco products are sold, also pose the risk of spread of COVID-19," he said.

In the letter dated May 11, the Union minister underlined that tobacco use is a major threat to public health globally. He also mentioned the Indian Council of Medical Research's (ICMR) appeal to the public not to consume and spit smokeless tobacco products in public places.

Chewing tobacco products and areca nut increases the production of saliva followed by a very strong urge to spit. Spitting in public places could enhance the spread of the COVID-19, Vardhan said.

"By banning spitting in public places, states and UTs can help in achieving not only Swachh Bharat but also Swasth Bharat (Clean India and Healthy India)," he said.

Vardhan also mentioned the May 1 guidelines issued by the Union Home Ministry under the National Disaster Management Act, 2005, which stipulate that "spitting in public places shall be punishable with fine as may be prescribed by the state/UT local authority and consumption of liquor, pan, gutkha, tobacco etc in public places is not allowed".

Appreciating the efforts of Rajasthan and Jharkhand in this direction, the Union Health Minister urged all states to take similar measures and create widespread awareness regarding the harm of spitting in public places.

The Rajasthan government had by an ordinance banned spinning in public places and sale of paan, gutka and tobacco in the wake of the coronavirus outbreak. The Jharkhand too has imposed a complete ban on all types of tobacco products to prevent spitting in public places that could increase the spread of coronavirus infection.

"I am happy to note that the governments of Jharkhand and Rajasthan have already completely banned the sale of tobacco products and spitting in public places. Therefore, I urge upon you to take similar measures and also create widespread awareness in your state/ UT regarding harms of spitting in public places.

"It is also requested that the directions of Ministry of Home Affairs in this regard may be implemented scrupulously and effectively," Vardhan said in the letter.

Tobacco smoking is a known risk factor for many respiratory infections and increases the severity of related diseases. A review of studies by public health experts convened by WHO on April 29 found that smokers are more likely to develop severe diseases, compared to non-smokers, said Binoy Mathew, senior programme officer of Voluntary Health Association of India.

It is one of the main risk factors for a number of chronic ailments, including cancer, lung and cardiovascular diseases, he said, adding that according to the Global Adult Tobacco Survey, with 268 million or 28.6 per cent of all adults in India, the country has the second largest number of tobacco users in the world.

At least 12 lakh die from tobacco-related diseases every year, Mathew said.

Those keen to quit smoking and smokeless products can avail of free of charge telephone-based services launched by the government. The Ministry of Health has set up a National Tobacco Quit Line Services to provide counselling services to help tobacco consumers quit the habit.

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