An office is termed an "office of profit if a Member of the Legislative Assembly (MLA) or a Member of Parliament (MP) receives benefits from it.
Aam Aadmi Party (AAP) legislators didn't get interim relief from the Delhi High Court in the 'office of profit' case on Friday. They had moved a plea in the court seeking a stay on the Election Commission's order disqualifying 20 MLAs in the case.
This has raised the important question which is being debated in the media: What is an 'office of profit?
An office is termed an "office of profit if a Member of the Legislative Assembly (MLA) or a Member of Parliament (MP) receives benefits from it. According to law, MLA or MP will be disqualified if he or she holds an office of profit under the central or state government. However, by law, some offices have been declared not to disqualify its holder, but such laws have been passed by Parliament or State legislatures. If more offices need to be included in the list, the procedure should be followed--Parliament or State legislatures should approve this in advance before the allotment of such offices to MPs or MLAs.
In case of a State, the constitution mandates that only a certain number of MLAs can be accommodated in the Council of Ministers. For smaller states like Delhi, the size of the council of ministers should not go beyond the 10 percent of the total strength of the assembly. For some states, the ceiling is fixed at 15 percent of the strength of the assembly.
According to experts, a few ruling parties in the state resort to embracing the route of "Office of profit" and extending plum posts as it can't accommodate its MLAs in the Council of Ministers.
AAP has claimed that they were not given hearing opportunity by the Election Commission and this is a political Vendetta against the party.
The 20 MLAs of Aam Aadmi Party whose disqualification has been recommended are as follows:
Naresh Yadav (Mehrauli)
Som Dutt (Sadar Bazar)
Praveen Kumar (Jangpura)
Jarnail Singh (Rajouri Garden)
Nitin Tyagi (Laxmi Nagar)
Adarsh Shastri (Dwarka)
Sanjeev Jha (Burari)
Jarnail Singh (Tilak Nagar)
Sukhvir Singh (Mundka)
Madan Lal (Kasturba Nagar)
Sarita Singh (Rohtas Nagar)
Alka Lamba (Chandni Chowk)
Rajesh Rishi (Janakpuri)
Anil Kumar Bajpai (Gandhi Nagar)
Manoj Kumar (Kondli)
Kailash Gahlot (Najafgarh)
Avtar Singh (Kalkaji)
Vijendar Garg Vijay (Rajinder Nagar)
Rajesh Gupta (Wazirpur)
Sharad Kumar (Narela)
Shiv Charan Goel (Moti Nagar)
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