Latest update: The Delhi High Court is scheduled to hear a plea regarding the disqualification of 20 Aam Aadmi Party (AAP) MLAs in Delhi on charges of holding Office of Profit. Six AAP MLAs had approached the Delhi High Court on Friday, after the Election Commission recommended disqualification of 20 of the party's MLAs for holding office of profit as Parliamentary Secretaries. The court had, however, refused to grant interim relief to the AAP MLAs, listing the matter for further hearing on Monday.
Meanwhile, President Ram Nath Kovind had earlier on Sunday approved the Election Commission's recommendation to disqualify the legislators.
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.
File image of Delhi chief minister Arvind Kejriwal. PTI
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.
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.
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.
Now if AAP fails to get reprieve from the courts, Delhi will have by-polls for the 20 seats. The only technical aspect was that now the Delhi Assembly Speaker will have to notify the 20 vacancies for the Election Commission to announce the by-polls.
Once the vacancies are announced by the Assembly, the AAP's strength would go down to 46 from 66 in the 70-member House. However, it will continue to have a majority to run the state.
While, the BJP welcomed the president's decision and demanded Kejriwal's resignation on moral grounds, the Congress alleged that there was a deal between the BJP and the AAP due to which the EC delayed the disqualification recommendation by a month.
Delhi Chief Minister and AAP national convener Arvind Kejriwal tweeted, "There was some logic when God gave us 67 seats. The Almighty stood behind us in our every step. Otherwise we would have been nothing... Just don't stray away from the path of truth."
He told a gathering in Najafgarh, "They are trying to harass us by all means... They got CBI raid done at my office, but after 24-hour search they only found my four mufflers. Our MLAs were arrested."
"The L-G had called 400 files of our government (pertaining to decisions taken in two years), but when they did not find anything against us... they today disqualified our 20 MLAs."
Interestingly, BJP leaders Yashwant Sinha and Shatrughan Sinha backed the AAP with the former saying the decison depicts "tughluqshahi" of the worst order.
"President's order disqualifying the 20 AAP MLAs is complete miscarriage of natural justice. No hearing, no waiting for High Court's order. It is Tughluqshahi of the worst order," Yashwant Sinha tweeted.
Shatrughan Sinha said the "politics of vendetta" against the AAP would not last long. AAP leader Ashutosh said the president's order is "unconstitutional" and "dangerous for democracy."
Saurab Bharadwaj, chief spokesperson of the party's Delhi unit alleged the chief election commissioner and the election commissioners are expected to behave in an independent and impartial manner and not as "political stooges of their masters who appoint them".
"The Election Commission is a constitutional institution of continuity and not a retired members club of a group of political appointees," he said.
"A first reading of the Narendra Modi government appointed Election Commission's biased opinion and subsequent notification issued by the BJP's central government to hastily disqualify 20 elected Delhi MLAs shows the constitutional authorities today are behaving like handmaidens of the central government," he alleged.
Citing a poll panel order, Bharadwaj said in June last year, the then Chief Election Commissioner Nasim Zaidi and Election Commissioner AK Joti had said the commission will intimate the next date of hearing to all the parties concerned in the present proceedings in due course.
However, the date of next hearing was not conveyed and the poll panel arrived at the decision before hearing them out, he claimed.
"AAP has complete faith in the judiciary and will challenge this biased, illegal and illogical order of the Modi government in courts of law," Bharadwaj said.
AAP MLAs were appointed parliamentary secretaries and this was described by petitioner Prashant Patel as them holding offices of profit. Parliamentary Secretaries assist ministers with their work. AAP insisted that despite holding the office these MLAs did not take any salaries or perks.
With inputs from agencies
Published Date: Jan 22, 2018 15:02 PM | Updated Date: Jan 22, 2018 15:36 PM
Highlights
No MLA has taken any profit as Parliamentary Secretary: Alka Lamba
Former Delhi MP from Chandani Chowk Alka Lamba said that the party was facing a witch hunt launched by the BJP. She said that none of the disqualified AAP MLAs have ever taken any salary or benefit as parliamentary secretary. She said that as politicians, they were not afraid of the polls but will pursue the maater in the court to fight against the injustice of the whole matter.
AAP MLAs disqualification case: A quick recap
'EC rejects AAPs claim of not being heard': Prashant Patel, Lawyer who highlighted Office of Profit case
Updates for Monday, 22 January begin
Gopal Rai says AAP 'not afraid of elections'
The Aam Aadmi Party has claimed to be "victimised" in the wake of the EC's recommendation to disqualify its 20 MLAs for holding offices of profit, and asserted that it was "not afraid of elections".
AAP's Delhi unit chief Gopal Rai alleged that the poll panel failed to give the party a hearing before sending its recommendations to President Ram Nath Kovind. "It is an undemocratic step. They are taking revenge from people of Delhi, the government and chief minister of Delhi," he said.
Kejriwal breaks silence on conntroversy, says truth will prevail
Delhi High Court to hear AAP MLAs' plea against EC's decision on Monday
Original petitioner in case, lawyer Prashant Patel says Delhi HC can't interfere in case
Past precedents of office of profit case and what was the outcome
In 2006, a question was raised over Sonia's National Advisory Council post, which she held apart from being the MP from Rae Bareilly.
The Opposition parties at the time had argued that since as NAC chairperson, she enjoyed the rank and status of a Union Cabinet minister, the office of profit law applied. They had petitioned the then president APJ Abdul Kalam, asking him to disqualify Sonia as an MP. Congress leaders, meanwhile, had argued that the post of NAC chairperson was not an office of profit as Sonia received no salary or perks, and she had a purely advisory role. Sonia, however, quit as MP and recontested the elections.
According to Rediff, the Election Commission had also sent a notice to Samajwadi Party leader Amar Singh, Rajya Sabha member and chairperson of the Uttar Pradesh Industrial Development Council, on a similar petition against him.
Jaya Bachchan was also disqualified from the Rajya Sabha, while she was also chairperson of the Uttar Pradesh Film Development Federation. Similarly, two Uttar Pradesh Legislative Assembly members, Bajrang Bahadur Singh and Uma Shankar Singh, were disqualified in January 2015 due to holding government contracts.
Mamata Banerjee backs Arvind Kejriwal, says constitutional body can't be used for political vendetta
AAP hits out at AK Joti, says CEC mortgaged constitutional post
"A K Joti was the principal secretary under (the then Gujarat Chief Minister) Narendra Modi and then the chief secretary of Gujarat. He is retiring on Monday. So you want to repay Modi ji's debt. You are mortgaging a constitutional post like the Election Commission," AAP leader Saurabh Bharadwaj alleged.
BJP says EC's recommendation to disqualify 20 AAP MLAs is a 'moral defeat' for Arvind Kejriwal
Regretting that the Election Commission allowed "undue" adjournments of hearings of AAP MLAs, which "dearly cost" the people, Delhi BJP chief Manoj Tiwari said the party unit "stands prepared for elections any moment".
"We welcome the Election Commission decision disqualifying 20 AAP MLAs. Arvind Kejriwal should take responsibility for moral defeat and resign," he said.
"Taking advantage of this delay, the AAP has succeeded in sending three persons to the Rajya Sabha and in the process has also sullied the image of the Upper House of Parliament," he said.
AAP may retain power despite storm: Office of profit case will make voters rally behind Arvind Kejriwal
Today's developments come at a time when rift inside the party became apparent due to Kapil Mishra’s exit and denial of Rajya Sabha ticket to Kumar Vishwas. Some TV news channels are already predicting snap polls in Delhi. Is the situation as grim for AAP as some reports have projected?
Actually, this crisis couldn't have come at a better time for Kejriwal. He has been accused of selling Rajya Sabha seats and giving it to outsiders who just joined the party. Delhi voters have been witness to the constant meddling from the Lieutenant Governor in AAP’s attempts in managing the affairs of the state. The party has been fined for carrying advertisements in other states when most governments also give ads in papers outside their states. The ED has filed cases against AAP for receiving foreign funding when BJP has already been convicted for receiving foreign funds from a high court. All this will give credence to AAP’s theory that the central government is trying to destabilise the Kejriwal government and Narendra Modi-Amit Shah have still not recovered from the massive loss in Delhi.
Read the full article here
Hearing on 20 AAP MLA's disqualification begins in Delhi HC
What is an office of profit?
Although, an office of profit, is not defined in the Constitution, the poll panel has previously noted that any position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. The amount of such profit is immaterial.
Based on various Supreme Court judgements, four tests have been established.
20 AAP MLAs move HC against disqualification, matter to be heard today
AAP MLAs moved Delhi High Court against Election Commission's recommendation to disqualify them for allegedly holding offices of profit.
No precedent in Delhi to have as many as 2 Parliamentary Secretaries
The number of Cabinet Ministers in Delhi cannot exceed 10 per cent of the total 70 seats — that is seven — as per Article 239AA of Constitution. As of now, only one Parliamentary Secretary to the Chief Minister is authorised.
Sans the controversy around appointment, Delhi would have had more Parliamentary Secretaries (read MLAs with Minister-like powers) than actual Cabinet ministers.
Not afraid of elections, but will raise our voice against 'murder of democracy: Alka Lamba, one of 20 AAP MLAs
"We have neer been afraid of fighting elections but the way the Election Commission acted, this is is murder of democracy. Kejriwal government will complete its 5 years no matter what the BJP does. And we will raise our voice against this injustice," Lamba told India Today.
AK Joti a Gujarat cadre officer, has repaid debts to Modi: AAP
Raising serious insinuations against the Cheif Election Commissioner, Aam Aadmi Party said that only three people heard the case: Nasim Zaidi, AK Joti and Omprakash Rawat.
The party said that while Zaidi has retired, Rawat recused himself from the case, thus the Gujarat cadre IAS officer Joti alone remained. By disposing the case in a haste, days before his retirement, has done his last duty towards BJP.
Watch: AAP leader Saurabh Bharadwaj's statement after EC recommends disqualification of party's 20 MLAs
Kejriwal's actions reeked of arrogance of numbers: BJP's Sambit Patra
Sambit Patra pointed out that the Delhi Chief Minister was hoping to evade scrutiny as he had won 67 out of 70 seats. The BJP maintained that when a controversy erupted around the appointment of MLAs as Parliamentary Secretaries, the government tried to sneak in a law with retrospective effects to fix the contention.
In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the posts of Parliamentary Secretary from the definition of office of profit with retrospective effect.
However, then President Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016, which declared them illegal since the order had been passed "without concurrence/approval of the Lt Governor.
Arvind Kejriwal must resign on moral grounds: BJP
"Although Mr. Kejriwal and morality are not even distantly related, yet we put this question in public domain. With half of their MLAs having cases against them, and now 20 of them disqualified, shouldn't the Delhi CM resign on the basis of morality," Patra asked.
Self-guilt was quite evident in appointment of PCs: BJP
"The self-guilt was quite evident with the fact that Kejriwal tried to bring in a law in June 2015. They tried to retrospectively keep the office of Parliamentary Secretaries, out of the list of office-of-profits," Patra said.
He said that the president, however, did not allow the law to be passed.
AAP changed from India Against Corruption to I Am Corruption: BJP's Sambit Patra
"Some of their MLAs are in jail, some are on bail, some have been thrown out of the party. The remaining have been disqualified today," Patra said.
Alka Lamba reaches Delhi High Court, Jarnail Singh seen outside EC office: India Today report
The conundrum facing the 20 AAP MLAs
Twenty AAP MLAs on the disqualification list can draw some solace from the fact that they stand in same league as Sonia Gandhi and Jaya Bachchan (the two were MPs in Lok Sabha and Rajya Sabha respectively). Their case would ever be cited by students of politics, politicians and so on. But then the bad news for them is also twofolds — not all of them would be named by Kejriwal to contest by-elections and even if that happens, not all of them can expect to win again.
In face of by-polls, AAP must battle anti-incumbency retain traditional Congress voters
If a mini election is held then AAP has to face two challenges .The first is to fight the growing anti-incumbency sentiment, in the face of BJP's attacks. Secondly, it would also have to prevent a possible division of minority and Dalit votes. The minority and Dalit voters, who generally prefer Congress, sided with the AAP in 2015 Assembly election. The challenge for party would be to keep this base intact, especially after Rahul Gandhi's elevation as Congress president.
AAP's twin problems at the moment
The AAP is facing two uncertainty at this moment. The first is whether the Delhi High Court would impose a stay on the EC decision, which is also a constitutional body. Second, if the court turns down AAP's petition the party would have to face election. In that case whether it will be able to win the said 20 seats
AAP govt can survive this storm with numbers in Assembly, Kejriwal's problems lie elsewhere
Despite disqualification of 20 MLAs, the AAP government in Delhi would survive. In 70-member assembly AAP has 65 MLAs (one Kapil Mishra expelled), of which some are rebels but even then AAP would have over 40 MLAs. Kejriwal’s problem lay elsewhere. The by-elections for these 20 seats, if and when they are held, would be taken as a referendum on Kejriwal government.
Even in best of the situation AAP can’t hope to repeat its performance and have all its 20 candidates re-elected to the Assembly. Delhi municipal elections, Rajouri Garden by-election, as well as Assembly elections in Goa and Punjab have shown that Kejriwal’s popularity has waned. If he does not perform well then his government would effectively become a lame duck government for next two years.
EC shouldn't become PMO's letter box: Ashutosh
Moving court against EC won't give AAP immediate relief
Though AAP spokesperson Saurabh Bhardiwaj did not say in as many words that they would go to the court challenging EC’s recommendation but sources said the party and government would surely consider going to the court once the President assent on disqualification of MLAs is given. Moving to court wouldn't give any immediate respite to AAP. There have been instances when pending court cases on disqualification or President Rule or dissolution of Assembly elections were held. Kejriwal and AAP would be better advised to prepare for election.
Has AAP's worst nightmare just come true?
Aam Aadmi Party’s worst nightmare of having to face a mid-term mini general election in 20 assembly constituencies has come true. Ahead of his retirement on 22 January, Chief Election Commissioner AK Joti has given a severe jolt to Delhi Chief Minister and Aam Admi Party chief Arvind Kejriwal by recommending disqualification of 20 AAP MLAs to President Ramnath Kovind. The President is expected to accept EC’s recommendation. However, one must remember that the petition was initially filed before President and after he was satisfied that there was a prima facie of disqualification and thus he sent that to the EC for scrutiny.
AK Joti returning Modi a favour, says AAP leader Saurabh Bharadwaj
"Behind this whole episode and this haste to take a decision is a small fact: The CEC's birthday is approaching. He will turn 65 on 23 January and after that neither Modi, not even god, can help Joti continue on this post. So he wanted to dispose off this case before he leaves office and do his master's last bidding," Saurabh Bharadwaj, AAP leader said.
AAP resorting to delaying tacticts by saying it will move court, says BJP leader Vijender Gupta
"The decision to move Delhi High Court against the Election Commission recommendation is only delaying tactics of the AAP. They know that if an election is held they will lose badly," says BJP MLA and Opposition leader in Delhi Assembly Vijender Gupta.
Our 20 MLAs never availed minister-like services: AAP
"If any media person or any one has ever seen one of these 20 MLAs any minister like services, then they are welcome to point out. They were never appointed any office, bungalow, or vehicle. There was no profit in an office of profit case," Saurabh Bharadwaj said.
Hearing in the case never started before EC, says AAP leader Saurabh Bharadwaj
AAP leader Saurabh Bharadwaj said that according to the principles of natural justice worldwide, the person against whom a case is registered, must be heard before a conclusion is reached. He alleged that the EC never heard the case fully and hastened to take the decision.
AAP threatens to move court against EC decision
AAP MLA Anil Bajpai told Firstpost that the party would move Delhi High Court against the Election Commission recommendation to disqualify 20 MLAs.
"The case is sub judicial. How can the EC take a call on that," he asked.
Better late than never, says BJP's Vijendra Gupta, calls it huge moral defeat for Kejriwal
Congress demands Kejriwal's resignation, says all 20 MLAs should quit
Congress leader Ajay Maken said that the AAP appointed all these MLAs as Parliamentary Secretary so that they could avail services and allowances as allowed to a minister. "This was a misuse of public money," Maken said, adding that Arvind Kejriwal should quit on moral grounds.
EC gave verdict without hearing the matter: AAP
Murder of democracy, Centre manipulating AK Joti, says Sukhbir Singh
Sukhbir Singh, one of the 20 AAP MLAs whose disqalification has been recommended by the Election Commission, called the move the 'murder of democracy'.
Speaking to News18, he said: "Jaate Jaate ye (CEC AK Joti) apna namak ada kar ke gaya hai aap aadmi party ke khilaf. Ye prajatantra ki hatya hai, aur ye prajatantra me dono paksho ki baat sun k hi nirnay kiya jata hai, par ye ekpakshiya nirnay hai. Supreme court me case humara chal raha tha."
(CEC AK Joti is soon to remit office and in his last few days, he is paying the debt of his post to the BJP. This is the murder of democracy. In a democracy, a decision is reached only after hearing both sides, but in our case, the issue is already pending before SC but they hastened into this decision.)
Disqualification means AAP's tally will dip to 47 in Delhi Assembly
If the president gives nod to EC recommendations, AAP's tally will dip to 47 in the 80 member Assembly.
Congress, BJP demand Arvind Kejriwal's ouster
Congress and BJP have both demanded Arvind Kejriwal step down as Delhi chief minister after the Election Commission recommended the disqualification of 20 Aam Aadmi Party (AAP) MLAs in an 'office of profit' case.
Election Commission recommends disqualification of 20 MLAs
News18 has quoted sources as saying the Election Commission has forwarded these recommendation to the president. If the president accepts the recommendation, by-elections will be held for 20 seats.
15:36 (IST)
No MLA has taken any profit as Parliamentary Secretary: Alka Lamba
Former Delhi MP from Chandani Chowk Alka Lamba said that the party was facing a witch hunt launched by the BJP. She said that none of the disqualified AAP MLAs have ever taken any salary or benefit as parliamentary secretary. She said that as politicians, they were not afraid of the polls but will pursue the maater in the court to fight against the injustice of the whole matter.
15:30 (IST)
AAP MLAs disqualification case: A quick recap
15:17 (IST)
'EC rejects AAPs claim of not being heard': Prashant Patel, Lawyer who highlighted Office of Profit case
15:10 (IST)
Manish Sisodia writes open letter to people of Delhi, asks "Is this fair?"
15:04 (IST)
Be prepared for both legal & electoral battles: AAP to 20 MLAs
Fight the battle legally but be prepared for the by-polls as well. That's the message the Aam Aadmi Party has given to its 20 disqualified lawmakers.
Sources in the AAP said, although the party would take all possible legal recourse, the MLAs have been sounded out to be prepared for any eventuality, which is a likely by-poll.
PTI
15:00 (IST)
Delhi High Court to hear matter at 4 pm
The Delhi High Court is scheduled to hear a plea on Monday regarding the disqualification of 20 Aam Aadmi Party (AAP) MLAs in Delhi on charges of holding Office of Profit. Six AAP MLAs had approached the Delhi High Court on Friday, after the Election Commission recommended disqualification of 20 of the party's MLAs for holding office of profit as Parliamentary Secretaries. The court had, however, refused to grant interim relief to the AAP MLAs, listing the matter for further hearing on Monday.
14:54 (IST)
Updates for Monday, 22 January begin
17:49 (IST)
Jarnail Singh says they are ready to go to any court
17:43 (IST)
Arvind Kejriwal says 'hurdles are natural' on path of truth
Hours after news of the Election Commission ECI recommending the disqualification of 20 AAP legislators for holding "office of profit" broke out, Arvind Kejriwal said that "hurdles naturally come when one walks on the path of truth".
17:33 (IST)
Manish Sisodia calls EC's recommendation to disqualify MLAs 'unconstitutional'
16:54 (IST)
Meanwhile, Delhi BJP discusses bypolls to 20 Assembly seats
The Delhi BJP has begun serious parleys on the possibility of bypolls to 20 Assembly segments after the Election Commission's recommendation to disqualify 20 AAP MLAs. The BJP leaders discussed the issue in a meeting of the party's core committee members on Friday night, party sources told PTI.
"The matter was discussed in detail along with other issues like the sealing drive underway in north and south Delhi," said a senior party leader who attended the meeting.
16:46 (IST)
Manish Sisodia appeals to president to hear AAP's view
16:31 (IST)
Gopal Rai says AAP 'not afraid of elections'
The Aam Aadmi Party has claimed to be "victimised" in the wake of the EC's recommendation to disqualify its 20 MLAs for holding offices of profit, and asserted that it was "not afraid of elections".
AAP's Delhi unit chief Gopal Rai alleged that the poll panel failed to give the party a hearing before sending its recommendations to President Ram Nath Kovind. "It is an undemocratic step. They are taking revenge from people of Delhi, the government and chief minister of Delhi," he said.
16:28 (IST)
AAP leaders huddle at Arvind Kejriwal's residence
14:40 (IST)
Arvind Kejriwal to hold meeting with the 20 MLAs at 4.30 pm at his residence: CNN-News18
13:55 (IST)
There is a question mark on EC's decision: Shiv Sena
13:45 (IST)
Internal AAP survey shows party will lose all 20 seats if bypolls are held today: Kapil Mishra
Kapil Mishra claimed that an internal AAP survey showed that the party was not confident of winning back a single seat after the disqualification of 20 of its MLAs if bypolls were held today, reported India Today.
Mishra also claimed that the report "recommends 12 ticket changes including (those of) Alka Lamba, Adarsh Shastri, Sarita Singh (and) Praveen Deshmukh".
13:32 (IST)
CEC AK Joti working for his boss Narendra Modi: AAP
13:28 (IST)
My suggestions were ignored: Kumar Vishwas
13:22 (IST)
Election Commission has given Narendra Modi a gift: AAP
"The Election Commission, by taking action against 20 MLAs, has given Narendra Modi a gift. But this is dangerous for the country," said AAP leader Gopal Rai.
"Delhi government has not given even one rupee to any Parliamentary secretary," Rai further said.
"What has the Delhi MLAs done? Is it only because they belong to AAP? You (EC) are the boss. You can do anything. But history is watching," said the AAP leader.
"You are murdering democracy," Rai said.
13:15 (IST)
EC working at the behest of BJP: AAP
According to various news reports, AAP leader Sanjay Singh said that the "Election Commission is acting like Narendra Modi's agent."
"The Modi government is violating institutions of democracy," Singh added.
13:14 (IST)
Updates begin for 20 January
21:30 (IST)
Kejriwal breaks silence on conntroversy, says truth will prevail
19:50 (IST)
Kapil Mishra claims 20 AAP MLAs were given offices as Parliamentary Secretaries
19:11 (IST)
Delhi High Court to hear AAP MLAs' plea against EC's decision on Monday
19:04 (IST)
Original petitioner in case, lawyer Prashant Patel says Delhi HC can't interfere in case
19:00 (IST)
Kapil Mishra releases video revealing 'truth' of the controversy
18:55 (IST)
Past precedents of office of profit case and what was the outcome
In 2006, a question was raised over Sonia's National Advisory Council post, which she held apart from being the MP from Rae Bareilly.
The Opposition parties at the time had argued that since as NAC chairperson, she enjoyed the rank and status of a Union Cabinet minister, the office of profit law applied. They had petitioned the then president APJ Abdul Kalam, asking him to disqualify Sonia as an MP. Congress leaders, meanwhile, had argued that the post of NAC chairperson was not an office of profit as Sonia received no salary or perks, and she had a purely advisory role. Sonia, however, quit as MP and recontested the elections.
According to Rediff, the Election Commission had also sent a notice to Samajwadi Party leader Amar Singh, Rajya Sabha member and chairperson of the Uttar Pradesh Industrial Development Council, on a similar petition against him.
Jaya Bachchan was also disqualified from the Rajya Sabha, while she was also chairperson of the Uttar Pradesh Film Development Federation. Similarly, two Uttar Pradesh Legislative Assembly members, Bajrang Bahadur Singh and Uma Shankar Singh, were disqualified in January 2015 due to holding government contracts.
18:20 (IST)
EC issued summons to AAP MLAs, party tells court
According to CNN-News18, the Delhi High Court asked that the AAP MLAs whether or not the Election Commission issued them a notice. To this, the AAP MLAs responded in affirmative, but they argued that the EC summon did not mention the date of hearing.
18:12 (IST)
Delhi HC says can't stay EC order disqualifying MLAs: India Today report
The Delhi High Court has said that it cannot stay the disqualification order issued by the Election Commission, Indiia Today tv reported. The report further said that the court said that it has already held the office held by AAP MLAs illegal.
17:50 (IST)
Mamata Banerjee backs Arvind Kejriwal, says constitutional body can't be used for political vendetta
17:47 (IST)
AAP hits out at AK Joti, says CEC mortgaged constitutional post
"A K Joti was the principal secretary under (the then Gujarat Chief Minister) Narendra Modi and then the chief secretary of Gujarat. He is retiring on Monday. So you want to repay Modi ji's debt. You are mortgaging a constitutional post like the Election Commission," AAP leader Saurabh Bharadwaj alleged.
17:43 (IST)
BJP says EC's recommendation to disqualify 20 AAP MLAs is a 'moral defeat' for Arvind Kejriwal
Regretting that the Election Commission allowed "undue" adjournments of hearings of AAP MLAs, which "dearly cost" the people, Delhi BJP chief Manoj Tiwari said the party unit "stands prepared for elections any moment".
"We welcome the Election Commission decision disqualifying 20 AAP MLAs. Arvind Kejriwal should take responsibility for moral defeat and resign," he said.
"Taking advantage of this delay, the AAP has succeeded in sending three persons to the Rajya Sabha and in the process has also sullied the image of the Upper House of Parliament," he said.
17:37 (IST)
List of AAP legislators who face the axe
17:35 (IST)
AAP may retain power despite storm: Office of profit case will make voters rally behind Arvind Kejriwal
Today's developments come at a time when rift inside the party became apparent due to Kapil Mishra’s exit and denial of Rajya Sabha ticket to Kumar Vishwas. Some TV news channels are already predicting snap polls in Delhi. Is the situation as grim for AAP as some reports have projected?
Actually, this crisis couldn't have come at a better time for Kejriwal. He has been accused of selling Rajya Sabha seats and giving it to outsiders who just joined the party. Delhi voters have been witness to the constant meddling from the Lieutenant Governor in AAP’s attempts in managing the affairs of the state. The party has been fined for carrying advertisements in other states when most governments also give ads in papers outside their states. The ED has filed cases against AAP for receiving foreign funding when BJP has already been convicted for receiving foreign funds from a high court. All this will give credence to AAP’s theory that the central government is trying to destabilise the Kejriwal government and Narendra Modi-Amit Shah have still not recovered from the massive loss in Delhi.
Read the full article here
17:19 (IST)
Hearing on 20 AAP MLA's disqualification begins in Delhi HC
17:09 (IST)
What is an office of profit?
Although, an office of profit, is not defined in the Constitution, the poll panel has previously noted that any position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. The amount of such profit is immaterial.
Based on various Supreme Court judgements, four tests have been established.
17:02 (IST)
20 AAP MLAs move HC against disqualification, matter to be heard today
AAP MLAs moved Delhi High Court against Election Commission's recommendation to disqualify them for allegedly holding offices of profit.
16:51 (IST)
No precedent in Delhi to have as many as 2 Parliamentary Secretaries
The number of Cabinet Ministers in Delhi cannot exceed 10 per cent of the total 70 seats — that is seven — as per Article 239AA of Constitution. As of now, only one Parliamentary Secretary to the Chief Minister is authorised.
Sans the controversy around appointment, Delhi would have had more Parliamentary Secretaries (read MLAs with Minister-like powers) than actual Cabinet ministers.
16:46 (IST)
BJP leaders ask Kejriwal to quit
16:40 (IST)
Not afraid of elections, but will raise our voice against 'murder of democracy: Alka Lamba, one of 20 AAP MLAs
"We have neer been afraid of fighting elections but the way the Election Commission acted, this is is murder of democracy. Kejriwal government will complete its 5 years no matter what the BJP does. And we will raise our voice against this injustice," Lamba told India Today.
16:36 (IST)
AK Joti a Gujarat cadre officer, has repaid debts to Modi: AAP
Raising serious insinuations against the Cheif Election Commissioner, Aam Aadmi Party said that only three people heard the case: Nasim Zaidi, AK Joti and Omprakash Rawat.
The party said that while Zaidi has retired, Rawat recused himself from the case, thus the Gujarat cadre IAS officer Joti alone remained. By disposing the case in a haste, days before his retirement, has done his last duty towards BJP.
16:28 (IST)
Watch: AAP leader Saurabh Bharadwaj's statement after EC recommends disqualification of party's 20 MLAs
16:27 (IST)
Kejriwal's actions reeked of arrogance of numbers: BJP's Sambit Patra
Sambit Patra pointed out that the Delhi Chief Minister was hoping to evade scrutiny as he had won 67 out of 70 seats. The BJP maintained that when a controversy erupted around the appointment of MLAs as Parliamentary Secretaries, the government tried to sneak in a law with retrospective effects to fix the contention.
In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the posts of Parliamentary Secretary from the definition of office of profit with retrospective effect.
However, then President Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016, which declared them illegal since the order had been passed "without concurrence/approval of the Lt Governor.
16:19 (IST)
Arvind Kejriwal must resign on moral grounds: BJP
"Although Mr. Kejriwal and morality are not even distantly related, yet we put this question in public domain. With half of their MLAs having cases against them, and now 20 of them disqualified, shouldn't the Delhi CM resign on the basis of morality," Patra asked.
16:14 (IST)
Self-guilt was quite evident in appointment of PCs: BJP
"The self-guilt was quite evident with the fact that Kejriwal tried to bring in a law in June 2015. They tried to retrospectively keep the office of Parliamentary Secretaries, out of the list of office-of-profits," Patra said.
He said that the president, however, did not allow the law to be passed.
16:11 (IST)
AAP changed from India Against Corruption to I Am Corruption: BJP's Sambit Patra
"Some of their MLAs are in jail, some are on bail, some have been thrown out of the party. The remaining have been disqualified today," Patra said.
16:10 (IST)
Alka Lamba reaches Delhi High Court, Jarnail Singh seen outside EC office: India Today report
16:07 (IST)
The conundrum facing the 20 AAP MLAs
Twenty AAP MLAs on the disqualification list can draw some solace from the fact that they stand in same league as Sonia Gandhi and Jaya Bachchan (the two were MPs in Lok Sabha and Rajya Sabha respectively). Their case would ever be cited by students of politics, politicians and so on. But then the bad news for them is also twofolds — not all of them would be named by Kejriwal to contest by-elections and even if that happens, not all of them can expect to win again.
16:02 (IST)
In face of by-polls, AAP must battle anti-incumbency retain traditional Congress voters
If a mini election is held then AAP has to face two challenges .The first is to fight the growing anti-incumbency sentiment, in the face of BJP's attacks. Secondly, it would also have to prevent a possible division of minority and Dalit votes. The minority and Dalit voters, who generally prefer Congress, sided with the AAP in 2015 Assembly election. The challenge for party would be to keep this base intact, especially after Rahul Gandhi's elevation as Congress president.