Office of profit case: Kejriwal govt in trouble as EC rejects 21 MLAs' plea

The EC rejected their plea to drop the office-of-profit case

In a major setback for the Aam Aadmi Party (AAP), the Election Commission (EC) on Saturday rejected pleas of 21 AAP legislators to drop office of profit case against them. The MLAs are facing prospects of disqualification for allegedly holding office of profit.

The EC in its final hearing, likely to be in August, will decide on their disqualification, according to ANI. 

The EC had in March reserved its order on the plea of the AAP MLAs that it should drop the case of office of profit against them as their appointment as parliamentary secretaries has already been set aside by the Delhi High Court.

At the fourth hearing of final arguments on a petition seeking the disqualification of AAP lawmakers on Monday, the Commission said it is reserving the order on whether the office of profit case should continue against the AAP lawmakers.

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

While the AAP said after the Delhi High Court ruling the case should be dropped against them, the petitioner, Prashant Patel, maintained that the court order should have no bearing on the case being heard by the EC as they 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 21 party 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 (LG).

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal had set aside the March 13, 2015, 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 EC's verdict, BJP spokesperson Sambit Patra tweeted his approval. He said, "So finally the noose tightens around corrupt AAP."