Home / Latest News / Huge setback for Kejriwal: EC disqualifies 20 AAP MLAs; Delhi HC denies interim relief

Huge setback for Kejriwal: EC disqualifies 20 AAP MLAs; Delhi HC denies interim relief

January 19, 2018

The Election Commission today made a recommendation to the President for disqualification of 20 of its MLAs for holding office of profit; setting the stage for their ouster from the Assembly.

Arvind Kejriwal
Arvind Kejriwal

In its recommendation sent to President Ram Nath Kovind this morning, the Election Commission said that the MLAs, by occupying the post of parliamentary secretaries between 13th March 2015 & 8th September 2016, held office of profit & were liable to be disqualified as legislators, highly-placed sources said.

The President is bound to go by the recommendation of the Election Commission. Under the rules, petitions to the President seeking disqualification of lawmakers are referred to the EC. The poll panel takes a decision & sends its recommendation to the Rashtrapati Bhavan, which is then accepted.

In the present case, the petition was made to disqualify 21 MLAs, but 1 had resigned a few months back.

Once the President accepts the opinion, by-elections’ll have to be held for the 20 Assembly seats.

The AAP has a massive majority in the 70-member Delhi assembly with 65 seats, and the impending disqualification will not endanger the Arvind Kejriwal government though the number of party MLAs will come down to 45.
An angry AAP said the Election Commission had never “touched this low”, and insinuated that the prime minister was behind the action.

AAP leader Ashutosh tweeted,”The EC shouldn’t be the letter box of the PMO. But that’s the reality today.”

The Delhi High Court on Friday refused to grant relief to the 20 Aam Aadmi Party (AAP) legislators disqualified for allegedly holding offices of profit. The court will hear the matter on Monday.

Taking note of the petition, Delhi HC asked the counsel for the poll panel to apprise it urgently whether any such recommendation has been made to the President by the Election Commission. Justice Rekha Palli asked the counsel appearing on behalf of the Election Commission to take instruction and inform about the development so that the hearing can resume soon.

The Congress, which ruled the state for a long time, welcomed the this decision, with its Delhi unit chief Ajay Maken saying CM Arvind Kejriwal has lost the right to be in power after the EC decision.

Regretting that the Election Commission allowed “undue” adjournments to AAP MLAs that cost the people of Delhi dearly, the BJP’s Delhi chief Manoj Tiwari said the party stands prepared for elections “any moment”.

“We welcome the EC decision disqualifying 20 AAP MLAs. Arvind Kejriwal should take responsibility for moral defeat & resign,” he said.

When contacted, Chief Election Commissioner A K Joti said since the matter is sub-judice, he would not offer any comment on the issue.

List of the 20 disqualified AAP MLAs:-

1. Praveen Kumar was appointed as Parliamentary Secretary to Education Minister
2. Sharad Kumar was appointed as Parliamentary Secretary to Revenue Minister
3. Adarsh Shastri was appointed as Parliamentary Secretary to Information and Technology Minister
4. Madan Lal was appointed as Parliamentary Secretary to Vigilance Minister
5. Shiv Charan Goel was appointed as Parliamentary Secretary to Finance Minister
6. Sanjeev Jha was appointed as Parliamentary Secretary to Transport Minister
7. Sarita Singh was appointed as Parliamentary Secretary to Employment Minister
8. Naresh Yadav was appointed as Parliamentary Secretary to Labour Minister
9. Rajesh Gupta was appointed as Parliamentary Secretary to Health Minister
10. Rajesh Rishi was appointed as Parliamentary Secretary to Health Minister
11. Anil Kumar Bajpai was appointed as Parliamentary Secretary to Health Minister
12. Som Dutt was appointed as Parliamentary Secretary to Industries Minister
13. Avtar Singh Kalka as Parliamentary Secretary to Minister of Gurudwara elections
14. Vijender Garg Vijay was appointed as Parliamentary Secretary to Minister of PWD
15. Jarnail Singh (Rajauri Garden) was appointed as Parliamentary Secretary to Minister of Power
16. Kailash Gahlot was appointed as Parliamentary Secretary to Minister of Law
17. Alka Lamba was appointed as Parliamentary Secretary to Minister of Tourism
18. Manoj Kumar was appointed as Parliamentary Secretary to Minister of Food and Civil Supplies
19. Nitin Tyagi was appointed as Parliamentary Secretary to Minister of Women and Child and Social Welfare
20. Sukhvir Singh was appointed as Parliamentary Secretary to Minister of Languages and Welfare of SC/ST/OBC respectively

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