New Delhi: The 21 AAP MLAs, facing prospects of disqualification for allegedly holding office of profit, today stuck to their stand that the Election Commission should drop the cases against them as their appointment as parliamentary secretaries has already been set aside by the Delhi High Court.
At the second hearing of final arguments on a petition seeking the disqualification of AAP lawmakers, the petitioner, Prashant Patel, maintained that the court order should have no bearing on the case being heard by the EC as they were enjoying the fruits of that office till their appointment was set aside by the high court.
On the first day of hearing of final arguments on November 15, the two sides had taken a similar stand.
After an over three-hour-long hearing, the Commission said it would inform the parties on the next date when the matter will be heard again.
On September 8, the high court had set aside the appointment of 21 party MLAs as parliamentary secretaries. The court had said the order to appoint them as parliamentary secretaries was given without the concurrence of the Lieutenant Governor.
Patel today argued that disqualification was necessary as the office of parliamentary secretary comes under the ambit of office of profit law.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal had set aside the March 13, 2015 order after the counsel appearing for the Delhi government “conceded” that it was issued without taking concurrence or views of the LG.
–PTI