AAP Government Takes Another Blow, Delhi HC Disqualifies 21 Parliamentary Secretaries Appointees

As another setback hits AAP- led government, it seems like “acche Din” for Arvind Kejriwal is never going to arrive.  On Thrusday, high court decides to revoke appointment of 21 AAP MLA’s as parliamentary secretaries.

The Bench, including Chief justice G Rohini and Justice Sangita Dhingra set aside the order AAP’S counsel “conceded’ that Lt. Governor’s approval was not taken in the matter.

The order is placed, following recent judgment of LG having complete administrative control of the capital. In reference to the August 4 Judgment, senior advocate and AAP’s representative, Sudhir Nandraj admits that to concede that the judgment stands against Delhi Government.

As the centre had already rejected the amendment by the Delhi government to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, which qualifies to make the position of Parliamentary Secretary in the Delhi Assembly stating that the office should not become an “Office of Profit.” Henceforth, The MLAs can potentially be disqualified if the Election Commission makes a decision in that regard.

Arvind Kejriwal-led government, however does not deter from the opinion that the post of parliamentary secretary is ‘not an office of profit’ as the MLAs are not receiving any ‘pecuniary benefit.’

Under Article 102(1)(a) and Article 191(1)(a) of the Constitution, a person shall be disqualified for being chosen as, and for being, a member of Parliament or of a Legislative Assembly/Council if he holds an “Office of Profit” under the central or any state government, other than an office declared not to disqualify its holder by a law passed by the Parliament or state legislature. The Delhi MLA (Removal of Disqualification) Act, 1997 did not include the post of Parliamentary Secretary as an “exempted post”.

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