President rejects petition demanding disqualification of 11 AAP MLAs in office-of-profit case

The October 28 decision of the President rejecting the plea is based on an opinion rendered by the Election Commission, the poll panel said.

Published: 05th November 2019 10:05 PM  |   Last Updated: 05th November 2019 10:05 PM   |  A+A-

President Ramnath Kovind

President Ramnath Kovind (File photo)

By PTI

NEW DELHI: In a relief for the Aam Aadmi Party, President Ram Nath Kovind has rejected a petition demanding disqualification of 11 party MLAs for allegedly holding office of profit.

The October 28 decision of the President rejecting the plea is based on an opinion rendered by the Election Commission, the poll panel said.

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 office of profit by being co-chairpersons of district disaster management authorities in 11 Delhi districts.

The issue 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 as there is no remuneration by way of salary, allowances, sitting fee.

Nor is there any other facility such as staff car, office space, supporting staff, telephone or residence provided.

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 Government of NCT, provided that the said chairman, director or member are not entitled to any remuneration.

The petitioner had sought the disqualification of MLAs Sanjeev Jha (Burari), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura), Pawan Kumar Sharma (Adarsh Nagar), Shri Dutt Sharma (Ghonda), Rajesh Gupta (Wazirpur), Sarita Singh (Rohtas Nagar), Dinesh Mohania (Sangam Vihar), Amanatullah Khan (Okhla), Kailash Gahlot (Najafgarh) and Jarnail Singh (Tilak Nagar).

The term of the 70-member Delhi Assembly ends on February 22, 2020 and the polls can be announced in the next few weeks.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp