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Disqualification of 20 AAP MLAs: Meet Prashant Patel whose complaint 3 years ago started it all

On Friday, the EC ended Prashant Patel’s wait and recommended tha... Read More
NEW DELHI: For nearly three years, a young advocate in Delhi awaited the result of his two-page complaint sent to the President.

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On Friday, the EC ended Prashant Patel’s wait and recommended that the President disqualify 20 MLAs from the Aam Aadmi Party for holding an office of profit as parliamentary secretaries.

Read also: Why parties risk action to create parliamentary secretary posts

The EC’s decision came in response to the President’s reference, which was in fact Patel’s complaint forwarded to the poll body.

'Office of profit': How things stand across India

Responding to the day’s developments, Patel expressed satisfaction. “This will restore public faith in the constitutional authorities and a message has gone now that politicians doing illegal acts won’t be spared,” Patel told TOI.
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He added that, “First of all, the Delhi HC has no locus as the EC has only answered a reference to the President. Do the MLA’s want HC to stay such a communication? The problem is

AAP

doesn’t believe in any Constitution, high court or Supreme Court. If the President disqualifies them, they will abuse him also.”

On Friday, in a blow to Delhi's ruling Aam Aadmi Party, the Election Commission had asked the President to disqualify 20 of its MLAs for holding offices of profit, setting the stage for their ouster from the Delhi assembly.

Following the EC's recommendation, the MLAs moved the Delhi High Court on Friday evening but Justice Rekha Palli refused to pass any interim order.
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In its opinion sent to President Ram Nath Kovind yesterday, the Election Commission said the MLAs, by occupying the post of parliamentary secretaries between March 13, 2015 and September 8, 2016, held office of profit, and were liable to be disqualified as legislators.

Parliamentary Secretaries assist ministers with their work. However, AAP insisted that despite holding the office these MLAs did not take any salaries or perks.

The development does not threaten the AAP government as it has 66 MLAs in the 70-member Assembly. Still, the BJP and Congress demanded that Chief Minister Arvind Kejriwal resign on moral grounds.
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Reacting furiously to the EC order, AAP claimed the Chief Election Commissioner was trying to destabilise its government at the behest of the Prime Minister.

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