The Election Commission gave its opinion on petitions filed against the two complaining that they held an office of profit as members of the New Delhi Municipal Council (NDMC) and drew pecuniary benefits.
The EC's opinion was accepted by the President before whom the complaints were filed. The opinion has since been notified in the gazette.
The President decided that Sheila Dikshit and Karan Singh Tanwar, members of the legislative assembly of National Capital Territory of Delhi, "have not become subject to disqualification on account of their membership of the New Delhi Municipal Council."
Earlier, the Election Commission had concluded that the two cannot be said to be holding any office under the Government of India or the Government of NCT of Delhi within the meaning of Section 15(1) of 1951-Act.
"The Commission is of the considered opinion that both the respondents namely Sheila Dikshit and Karan Singh Tanwar, have not incurred disqualification under Section 15(1) of the Government of National Capital Territory of Delhi Act, 1951, for being members of the Legislative Assembly of NCT of Delhi, on account of their membership of the New Delhi Municipal Council," the EC's opinion to the President said.
The Commission stated that their appointment as member of the NDMC is automatic by virtue of law and the Government has no discretion in the matter of their appointment. It said neither the government had powers to remove them nor the MLAs had any discretion to reject the same.
"Their election to the Delhi Legislative Assembly from an Assembly constituency falling within the NDMC area itself makes them ex-officio members of the NDMC," the EC said. MORE
