More trouble for Arvind Kejriwal as EC to continue hearing office of profit case against 21 AAP MLAs​

New Delhi: In a major setback for the Aam Aadmi Party, the Election Commission (EC) on Friday rejected the pleas of 21 AAP legislators to drop the office of profit case filed against them.

The MLAs are facing prospects of disqualification for allegedly holding offices of profit.

The EC has also made it clear that the Delhi High Court order to set aside their appointments will not come in the way of the poll panel while deciding their disqualification as "the MLAs held the posts de facto".

AAP`s spokesperson Saurabh Bharadwaj said today that the party respects the orders of the high court as well as the Election Commission. 

"The EC`s recent order should not be misinterpreted. The Delhi High Court had declared the very order of appointment of 21 Parliamentary Secretaries as null and void," Bharadwaj said.

Therefore "there was no question of hearing a petition for the office which never existed", Bhardwaj said on the willingness of the poll panel to still continue hearing on the petition in the case.

The office of profit petition was filed against 21 AAP MLA. 

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

The EC order stated that the Commission was of the "considered opinion" that the AAP MLAs did hold "de facto the office of parliamentary secretaries from March 13, 2015, to September 8, 2016".

The order comes days before Chief Election Commissioner Nasim Zaidi demits office in July.

Election Commissioner OP Rawat, who recused himself from the case after Chief Minister Arvind Kejriwal had questioned his impartiality, has not signed on the order.

The petitioner, Prashant Patel, maintained that the high court order should have no bearing on the case being heard by the EC as the MLAs were enjoying the fruits of that office till their appointment was set aside by the high court.

On September 8, the high court had set aside the appointment of the 21 AAP MLAs as parliamentary secretaries. The court had said the order to appoint them as parliamentary secretaries was given without the concurrence of the Lieutenant Governor.

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal had set aside the March 13, 2015, government order after the counsel appearing for the Delhi government "conceded" that it was issued without taking concurrence or views of the LG.

The poll panel had heard the case on December 16 last before it got busy with Assembly elections in five states.

On March 27, the commission had reserved its order on the issue. 

(With Agency inputs)