- 19:04 (IST)
- 19:00 (IST)
- 18:55 (IST)
Past precedents of office of profit case and what was the outcome
In 2006, a question was raised over Sonia’s National Advisory Council post, which she held apart from being the MP from Rae Bareilly.
The Opposition parties at the time had argued that since as NAC chairperson, she enjoyed the rank and status of a Union Cabinet minister, the office of profit law applied. They had petitioned the then president APJ Abdul Kalam, asking him to disqualify Sonia as an MP. Congress leaders, meanwhile, had argued that the post of NAC chairperson was not an office of profit as Sonia received no salary or perks, and she had a purely advisory role. Sonia, however, quit as MP and recontested the elections.
According to Rediff, the Election Commission had also sent a notice to Samajwadi Party leader Amar Singh, Rajya Sabha member and chairperson of the Uttar Pradesh Industrial Development Council, on a similar petition against him.
Jaya Bachchan was also disqualified from the Rajya Sabha, while she was also chairperson of the Uttar Pradesh Film Development Federation. Similarly, two Uttar Pradesh Legislative Assembly members, Bajrang Bahadur Singh and Uma Shankar Singh, were disqualified in January 2015 due to holding government contracts.
- 18:20 (IST)
EC issued summons to AAP MLAs, party tells court
According to CNN-News18, the Delhi High Court asked that the AAP MLAs whether or not the Election Commission issued them a notice. To this, the AAP MLAs responded in affirmative, but they argued that the EC summon did not mention the date of hearing.
- 18:12 (IST)
Delhi HC says can’t stay EC order disqualifying MLAs: India Today report
The Delhi High Court has said that it cannot stay the disqualification order issued by the Election Commission, Indiia Today tv reported. The report further said that the court said that it has already held the office held by AAP MLAs illegal.
- 17:50 (IST)
Mamata Banerjee backs Arvind Kejriwal, says constitutional body can’t be used for political vendetta
A Constitutional body cannot be used for political vendetta. The 20 AAP MLAs were not even given a hearing by the Hon EC. Most unfortunate. This goes against the principles of natural justice.At this hour we are strongly with @arvindkejriwal and his team
— Mamata Banerjee (@MamataOfficial) January 19, 2018
- 17:47 (IST)
AAP hits out at AK Joti, says CEC mortgaged constitutional post
“A K Joti was the principal secretary under (the then Gujarat Chief Minister) Narendra Modi and then the chief secretary of Gujarat. He is retiring on Monday. So you want to repay Modi ji’s debt. You are mortgaging a constitutional post like the Election Commission,” AAP leader Saurabh Bharadwaj alleged.Joti, an IAS officer of 1975 batch of Gujarat cadre, took charge as an election commissioner in 2015.“The hearing before the Election Commission was not about disqualification. The ongoing hearing was whether the Election Commission can hear the Office of Profit proceedings when the Delhi High Court has stated that they are not parliamentary secretaries,” Bharadwaj claimed.
- 17:43 (IST)
BJP says EC’s recommendation to disqualify 20 AAP MLAs is a ‘moral defeat’ for Arvind Kejriwal
Regretting that the Election Commission allowed “undue” adjournments of hearings of AAP MLAs, which “dearly cost” the people, Delhi BJP chief Manoj Tiwari said the party unit “stands prepared for elections any moment”.
“We welcome the Election Commission decision disqualifying 20 AAP MLAs. Arvind Kejriwal should take responsibility for moral defeat and resign,” he said.
“Taking advantage of this delay, the AAP has succeeded in sending three persons to the Rajya Sabha and in the process has also sullied the image of the Upper House of Parliament,” he said.
- 17:37 (IST)
List of AAP legislators who face the axe
- Adarsh Shastri from Dwarka constituency
- Alka Lamba from Chandni Chowk constituency
- Sanjeev Jha from Burari constituency
- Kailash Gehlot from Najafgarh constituency
- Vijendra Garg from Rajinder Nagar constituency
- Praveen Kumar from Jangpura constituency
- Sharad Kumar Chauhan from Narela constituency
- Madan Lal Khufiya from Kasturba Nagar constituency
- Shiv Charan Goyal from Moti Nagar constituency
- Sarita Singh from Rohtas Nagar constituency
- Naresh Yadav from Mehrauli constituency
- Rajesh Gupta from Wazirpur constituency
- Rajesh Rishi from Janakpuri constituency
- Anil Kumar Bajpai from Gandhi Nagar constituency
- Som Dutt from Sadar Bazar constituency
- Avtar Singh from Kalkaji constituency
- Sukhvir Singh Dala from Mundka constituency
- Manoj Kumar from Kondli constituency
- Nitin Tyagi from Laxmi Nagar constituency
- Jarnail Singh from Tilak Nagar constituency
- 17:35 (IST)
AAP may retain power despite storm: Office of profit case will make voters rally behind Arvind Kejriwal
Today’s developments come at a time when rift inside the party became apparent due to Kapil Mishra’s exit and denial of Rajya Sabha ticket to Kumar Vishwas. Some TV news channels are already predicting snap polls in Delhi. Is the situation as grim for AAP as some reports have projected?
Actually, this crisis couldn’t have come at a better time for Kejriwal. He has been accused of selling Rajya Sabha seats and giving it to outsiders who just joined the party. Delhi voters have been witness to the constant meddling from the Lieutenant Governor in AAP’s attempts in managing the affairs of the state. The party has been fined for carrying advertisements in other states when most governments also give ads in papers outside their states. The ED has filed cases against AAP for receiving foreign funding when BJP has already been convicted for receiving foreign funds from a high court. All this will give credence to AAP’s theory that the central government is trying to destabilise the Kejriwal government and Narendra Modi-Amit Shah have still not recovered from the massive loss in Delhi.
- 17:19 (IST)
- 17:09 (IST)
What is an office of profit?
Although, an office of profit, is not defined in the Constitution, the poll panel has previously noted that any position that brings to the person holding it some financial gain, or advantage, or benefit. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit etc. The amount of such profit is immaterial.
Based on various Supreme Court judgements, four tests have been established.
- First, whether the government exercises control over appointment, removal and performance of the functions of the office.
- Second, whether the office has any remuneration attached to it.
- Third, whether the body in which the office is held has government powers (releasing money, allotment of land, granting licences etc.)
- Fourth, whether the office enables the holder to influence by way of patronage.
- 17:02 (IST)
20 AAP MLAs move HC against disqualification, matter to be heard today
AAP MLAs moved Delhi High Court against Election Commission’s recommendation to disqualify them for allegedly holding offices of profit.The pleas by seven MLAs was mentioned before a bench headed by Acting Chief Justice Gita Mittal for urgent hearing, which was listed for today itself, PTI reported.
- 16:51 (IST)
No precedent in Delhi to have as many as 2 Parliamentary Secretaries
The number of Cabinet Ministers in Delhi cannot exceed 10 per cent of the total 70 seats — that is seven — as per Article 239AA of Constitution. As of now, only one Parliamentary Secretary to the Chief Minister is authorised.
Sans the controversy around appointment, Delhi would have had more Parliamentary Secretaries (read MLAs with Minister-like powers) than actual Cabinet ministers.
- 16:46 (IST)
BJP leaders ask Kejriwal to quit
It’s time for @ArvindKejriwal to show responsibility & resign from the office let Delhi breathe & decide future. 20 AAP MLAs disqualified by #ElectionCommission for holding #officeofprofit, multiple corruption charges, water-electricity, Delhi sealing. Is it time? #20AAPMLAs
— Parvesh Sahib Singh (@p_sahibsingh) January 19, 2018