The Commission arrived at the decision just days ahead of A K Joti's retirement as the Chief Election Commissioner.
Arvind Kejriwal was a troubled man on Friday, as the Election Commission (EC) recommended to President Ram Nath Kovind that 20 Aam Aadmi Party (AAP) MLAs be disqualified from the Delhi Assembly for holding an office of profit. According to the EC, the 20 MLAs had been functioning as parliamentary secretaries.
The Commission arrived at the decision just days ahead of A K Joti's retirement as the Chief Election Commissioner.
If the President does accept the EC's recommendation, AAP would be reduced to 46 MLAs in the 70-member assembly where it would still enjoy a comfortable majority. However, it would be a major blow for a party, who had ridden on the plank of anti-corruption when it won a record 67 seats in the 2014 Delhi polls.
Earlier, AAP had already lost one seat to the BJP in a by-election last year that was vacated by its MLA Jarnail Singh to fight polls against Punjab chief minister Prakash Singh Badal. Now, if the party does lose its 20 MLAs, the party'strength would come down to 46.
After EC's recommendation, both BJP and Congress have stated that Kejriwal should quit on moral grounds. Party sources say they will contest the EC's decision in the Supreme Court.
In March 2015, the AAP government passed an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, to exempt the posts of parliamentary secretary from the definition of office of profit with retrospective effect.
But then president Pranab Mukherjee refused to give assent, following which the appointments were set aside by the Delhi High Court in September 2016. The HC declared the appointments "illegal" since the order had been passed "without concurrence/approval of the Lt Governor."
A year after the AAP government's bid to amend the Act, the Congress had moved the EC in June 2016 seeking the disqualification of 21 legislators stating it was clearly stated in the NCT of Delhi Act, 1991 that if any member of Legislative Assembly, other than the ministers, holds any office of profit in Delhi government, the MLA concerned would invite disqualification. Taking cognizance of the Congress plea, the EC also held a personal hearing of the MLAs.
AAP has argued that as Parliamentary Secretaries are not eligible for any remuneration or perks from the government the post should be exempt from the office of profit. In their submission to the EC, the MLAs stated that neither have they received monetary benefits nor were assigned separate office space or cars for their official use, as parliamentary secretaries
However, the Commission rejected the pleas of the 20 legislators to drop the "office of profit" case in June, 2017 and in October last year issued show cause notices against the MLAs seeking a reply as to why they should not be disqualified.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Arvind Kejriwal")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}