NEW DELHI: President Ram Nath Kovind has rejected a petition demanding disqualification of 11 Aam Aadmi Party MLAs for allegedly holding an office of profit, the Election Commission said on Tuesday.
Delhi Chief Minister and AAP national convener Arvind Kejriwal welcomed the decision, saying that ultimately truth had prevailed. “Satyamev Jayate. Ultimately, truth prevails,” he tweeted.
The president’s decision, taken on October 28, is based on an opinion given by the poll panel.
In March 2017, a man named Vivek Garg had filed a petition before the president seeking disqualification of 11 AAP lawmakers, including Transport Minister Kailash Gahlot, claiming that they were enjoying an office of profit by being co-chairpersons of district disaster management authorities in 11 Delhi districts.
The matter was referred to the EC, which gave an opinion in August that holding the office of co-chairperson of a district disaster management authority does not attract disqualification as MLA since there is no remuneration by way of salary or allowances.
Nor is there any other facility such as staff car, office space, supporting staff, telephone or residence provided, the EC said.
As per law, the president accepts the opinion of the Election Commission in cases of office of profit.
The Commission held that “item 14 of the Schedule to Delhi Members of Legislative Assembly (Removal of Disqualification Act), 1997 provides for exemption for the office of chairman, director or member of a statutory or non-statutory body or committee constituted by the Government of NCT, provided that the said chairman, director or member are not entitled to any remuneration. The term of the 70-member Delhi Assembly ends on February 22, 2020.
