Parliamentary Secretary is merely a "post" without any remuneration or power, 21 Aam Aadmi Party MLAs, who were designated thus, have told the Election Commission responding to a notice asking them to explain how their appointment does not fall under office of profit.
"Firstly, there is no office as such. The post of the parliamentary secretary was created to aid and assist the minister he was deployed with. He was not to be given any remuneration, office space or transport," AAP's Kasturba Nagar MLA Madanlal, who is parliamentary secretary (vigilance) said.
A senior party functionary exuded confidence saying that there were no "pecuniary benefits" associated with the posts.
"Replies running into nearly 8,000 pages have been filed. The EC will now act as a quasi judicial body and take a decision. In any case, the party can always take legal recourse in case the EC's recommendation to the President is unfavourable," the functionary said.
Madanlal said although there was no remuneration involved, a parliamentary secretary "may" be given a space in the office or could use official transport "only" for official work.
"The guidelines clearly state that the parliamentary secretary may be given office space or transport. I did not ask for any transport or any office. I have not received any kind of benefit. I have no power to pass any order. So how can this be termed as a Office of Profit," Madanlal added.
After it stormed to power in February last year, the AAP had appointed 21 parliamentary secretaries to assist the Delhi government ministers. Thereafter an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997 was moved.
Through the Bill, which has been forwarded to the Centre by the LG, AAP attempted to bring "retrospective" exemptions for the parliamentary secretaries from provisions of disqualification provisions.
However, questions were raised over their appointment by the Opposition, following which the Election Commission sent them notice seeking their response on why their assembly membership should not be cancelled.
Importantly, Lt Governor Najeeb Jung recently said that the office of parliamentary secretary is defined as an "office of profit if one looks at the statutes of Delhi" and that as per the GNCT Act, the city can have only one parliamentary secretary attached to the office of the Chief Minister.
The AAP MLAs who have responded to the poll-body over the issue include Alka Lamba, Jarnail Singh, Adarsh Shastri and Rajesh Gupta among others.
