Office of profit: EC summons AAP MLAs on July 14
The Election Commission has asked 21 MLAs of the Aam Admi Party (AAP) to be present for a hearing in the office of profit case on July 14.
The Election Commission has asked 21 MLAs of the Aam Admi Party (AAP) to be present for a hearing in the office of profit case on July 14.
A Delhi-based lawyer had complained to the EC, seeking the removal of these MLAs who were appointed as parliamentary secretaries. According to EC officials, the case will be heard over the span of a few hearing dates.
“Following the complaint and the President returning the Bill that would allow MLAs to hold second paying position as parliamentary secretary, the response of the MLAs was sought. All the 21 MLAs had sought a personal hearing, after submitting that they were not drawing any remuneration from the Delhi government,” said an official.
Party sources said the legislators have their own legal teams to assist them and they would respond as and when the Election Commission calls them for hearing.
Nearly a third of the Aam Aadmi Party legislators are staring at disqualification after President Pranab Mukherjee last month refused to sign a bill that allowed the 21 MLAs to hold a second paying position as parliamentary secretary. The AAP government maintained that no MLA received any benefits – vehicles, bungalow or extra money – from the parliamentary secretary position.
On March 13, 2015, the Kejriwal government passed an order appointing the 21 party MLAs as parliamentary secretaries, saying they won’t take remuneration and hence didn’t fall under the office of profit regulations.
The Constitution prohibits legislators or parliamentarians from holding any positions with monetary or other benefits. This clause – known as office of profit – is aimed at reducing conflict-of-interest situations for public representatives.
Subsequently, the AAP government sought an amendment in the form of a bill -- the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 2015 -- passed it in the assembly last June on the back of its brute majority of 67 MLAs in the 70-member House.