In a huge blow to Arvind Kejriwal-led AAP, President Ram Nath Kovind on Sunday approved the disqualification 20 Delhi MLAs, including minister Kailash Gahlot, for holding offices of profit, setting the stage for a 'mini-election' in the capital.
"In such circumstances there is no doubt over the fact that such a large scale appointment of Parliamentary Secretaries had not only jeopardised the functioning of these individual MLAs but also the entire Legislative Assembly of Delhi and it is essential to keep this fact and situation in mind while deciding upon the present reference," it said.
While the AAP claimed that the decision was arrived at without hearing their MLAs, the Election Commission rejected the contentions raised by the AAP that they did not take any pecuniary benefit= s or the law passed by the Assembly.
The EC said whether or not the individual Parliamentary Secretaries had actually derived the benefits or participated in executive functions of the government is of no relevance as once it is established that the office of Parliamentary Secretary suffered from the infirmities which would necessitate disqualification for holding office of profit.
In the Bill passed by Delhi government to protect these MLAs from disqualification in 2015, the EC said it was rejected by the President. "It is also evident from a bare perusal of the Statement of Objects and Reasons of the said Bill that the Delhi government recognised that the Office of Parliamentary Secretaries to Ministers attracts disqualification on account of holding Office of Profit and sought to remove the disqualification retrospectively," it noted.
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