Home News Reports Election Commission rejects plea of AAP MLAs in the Office of Profit case

Election Commission rejects plea of AAP MLAs in the Office of Profit case

In a possible setback to Kejriwal and the Aam Aadmi Party (AAP), the Election Commission of India has decided to continue hearing the case against 20 AAP MLAs for allegedly holding an office of profit. If found guilty of the same, the AAP MLAs stand to face possible disqualification.

The case in question is a petition which was filed by Advocate Prashant Patel with the President on 19th June 2015. It was reported that the AAP MLAs in question were appointed as Parliamentary Secretaries by the Delhi government, which was not allowed as per law as it was considered an office of profit.

Kejriwal government then tried to shield its MLAs from repercussions by passing a bill to exclude the post of Parliamentary Secretary from the office of profit list, which would have given them a legal sanctity. Unfortunately for him though it was rejected by the President.

- Advertisement - - Article resumes -

Office of profit roughly comprises of any non-political position an elected representative holds for which he is earning a salary from the government. The benefits falling under the office of profit may not just be monetary as was detailed by Advocate Prashant Patel.

In his interview to OpIndia, Advocate Patel had stated that Office of Profit also constitutes those posts that involve some position, prestige or patronage. The AAP MLAs, by accepting the position of Parliament Secretary, had placed themselves in a better position as compared to other MLAs, and that was arguably in contravention of rules. The MLAs had held the post from March 13, 2015 to September 8, 2016.

Now in today’s order by the Election Commission, it has observed that the MLAs indeed held an Office of Profit. It has dismissed their plea to quash the proceedings against them:

Earlier in September 2016, the Delhi High Court had quashed the appointment of the MLAs as Parliament Secretaries as it lacked the approval of L-G. The MLAs had incidentally tried to interpret the order of the Delhi Hight Court to mean that they had never held any office of profit as the court found the appointment invalid, and asked the EC to stop the proceedings against them. The EC has now refused the same by stating that their interpretation was legally untenable.

Originally, 21 AAP MLAs were involved in the case but one of the MLAs, Jarnail Singh resigned from his Rajouri Garden seat to contest the Punjab elections. Incidentally Jarnail Singh ended up losing his deposit in Punjab and the resultant AAP candidate also lost his deposit in the Rajouri Garden by-poll.

Share This Post With Your Friends & Fans:
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.

Don't Miss it: Exit Polls At A Glance

#MakePoliticsFunAgain Catch all the Latest on exit polls results with our summary

Most read articles recently

Here is what may have triggered Rajdeep Sardesai’s own colleague slamming him for being a pliant journalist

Anjana Om Kashyap, one of the Editors of Aaj Tak who conducted that interview interestingly took to Twitter today to castigate what appears to be her colleague, Rajdeep Sardesai.

Read this before you believe the ABP-Nielsen Exit Poll that gave NDA only 277 while others gave a thumping majority

While all other polls were giving a thumping majority to BJP and NDA, Nielsen chose to "customise" their survey and simply delete voter responses were overwhelmingly in favour of BJP.
Ravish Kumar has a mental breakdown as BJP set to form a government at centre, according to exit polls

NDTV journalist Ravish Kumar has a prolonged meltdown on his show after the Exit Polls predicted a landslide BJP victory

Most of the Exit Polls suggested that BJP may be well placed to form another government at the centre

After Anjana Om Kashyap, now Shweta Singh calls out Rajdeep Sardesai’s bias among others

Sweta Singh has called out the blatant bias in the Left media and even Rajdeep Sardesai among others.

Congress must die: Expelled AAP leader and Swaraj India President Yogendra Yadav

Yogendra Yadav said Congress is single biggest obstacle for creating an alternative

‘Journalists’ now use the fall of the Left in Australia to console themselves and insinuate that Modi can meet the same fate

Shekhar Gupta has hinged his argument that exit polls are untrustworthy based on the recent Australian elections, in which conservative coalition registered a victory against popular opinion and exit polls

After 2019 Exit Polls, Congress official handle also says ‘Aayega To Modi Hi’

Looks like after the 2019 Exit Polls predicted a thumping majority for BJP and PM Modi, Congress too is saying #AayegaToModiHi. 

Sensing a possible Modi victory, Rajdeep Sardesai proceeds to discredit his own channel’s Exit Poll even before it is aired

Sensing that PM Modi might just come back to power for a second term, he has proceeded to discredit his own channel's Exit Poll which is yet to be aired.
Congress mouthpiece National Herald concedes defeat amidst the exit polls forecasting another term for PM Modi

Congress mouthpiece National Herald claims ‘moral victory’, says even if Modi wins, he has emerged ‘weaker and diminished’

Congress concedes defeat after exit polls, claims moral victory by saying PM Modi will emerge 'weaker' and 'diminished'.
Subscribe to Day's Top Stories

Latest articles

Connect with us


Don't miss these

Share This Post With Your Friends & Fans: