12 more AAP MLAs challenge in HC office-of-profit proceedings in EC

Twelve more AAP MLAs on Friday moved the Delhi High Court challenging office of profit proceedings against them by the Election Commission of India.

New Delhi: Twelve more Aam Aadmi Party (AAP) MLAs on Friday moved the Delhi High Court challenging office of profit proceedings against them by the Election Commission of India.

While hearing the matter, HCs sought EC's response on plea of AAP MLAs.

Earlier, the HC had on August 4 issued notice to the poll panel seeking its response on pleas filed by eight other AAP MLAs against the poll panel's decision to continue disqualification case proceedings against 20 party lawmakers for allegedly holding office of profit as Parliamentary Secretaries.

The EC in June had ruled that it would continue to hear a plea against 21 of its MLAs for allegedly holding offices of profit, despite the high court setting aside their appointments as parliamentary secretaries.

The office of profit petition was filed by one Prashant Patel against 21 MLAs of the Arvind Kejriwal-led party.

Subsequently, the proceedings were dropped against Jarnail Singh after he resigned as the Rajouri Garden MLA to contest the Punjab Assembly polls.

The EC was of the "considered opinion" that the MLAs were "de facto" parliamentary secretaries from March 13, 2015 to September 8, 2016, when the high court had set aside the appointments by terming unconstitutional. 

In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the post of Parliamentary Secretary from the definition of office of profit with retrospective effect.

However, then President Pranab Mukherjee refused to give his assent to it, following which the appointments were set aside by the Delhi High Court in September 2016, which declared themillegal, as the order had been passed "without concurrence/approval of the Lt Governor".