New Delhi, June 27: The Election Commission of India will on July 14 hear the case against the 21 AAP MLAs in the office of profit matter. The 21 MLAs will be given a chance to explain their stand on the issue. Other parties too would be heard in connection with this matter.
It has been alleged that the 21 MLAs appointed as Parliamentary Secretaries were not entitled to continue in office. The President of India had withheld the Delhi government's dual office bill.
With this bill being withheld 21 Aam Admin Party MLAs run the risk of losing their membership on the dual office profit issue.
The MLAs are those who were appointed parliamentary secretaries by the AAP government in Delhi on March 14 2015. A BJP leader had filed a complaint with the president of India calling for the disqualification of 21 parliamentary secretaries, on the grounds that they were holding dual offices of profit.
In abid to shield the MLAs from being disqualified the AAP government had passed a bill in the state assembly exempting parliamentary secretaries from the ambit of the dual office of profit law, with retrospective affect. The bill was then sent to the Lieutenant Governor and the centre for its approval.
The AAP says that this is being orchestrated by the BJP. With this bill being with scrapped, there is some amount of trouble for the AAP. However this would not affect the government as the party has 67 MLAs in the 70 member assembly.
Constitutional expert Subhash Kashyap says a legislator who holds an office or post under the government - even if no renumeration is received but enjoys perks would be deemed to be holding an office of profit.
He further pointed out that office of profit means is a broad term and is applicable to parliamentary secretaries.
Only receiving remuneration and cash is not office of profit, it also would mean giving favours in kind or able to influence decisions," the expert also states.