HC verdict means EC could drop case against MLAs: AAP
New Delhi, Sep 8: AAP today sought to find a silver lining in the Delhi High Court order setting aside appointment of 21 party MLAs as parliamentary secretaries, hoping the Election Commission drops the case of disqualification against its lawmakers for holding office of profit.
AAP leaders said the judgment is in line with the earlier high court observation which stamped the primacy of Lt Governor (LG) in the city administration. Setting aside the appointment, the court said order of appointing 21 parliamentary secretaries was without the concurrence of the LG.
Senior advocate Sudhir Nandrajog, appearing for the Delhi government, referred to the August 4 verdict and said, "Today, I have to concede that the judgment stands against me (Delhi government)."
"The high court's order is in line with the August 4 judgment," AAP's Delhi unit convenor Dilip Pandey said. "Since the appointment of parliamentary secretaries has been set aside, so there is no question of their disqualification" said another senior AAP leader.
The AAP government had earlier defended its order appointing the parliamentary secretaries, saying this was done to assist the ministers and ensure its harmonious functioning.
Prashant Patel, an advocate who has filed a petition seeking disqualification of 21 AAP MLAs, said the high court order had no bearing on Election Commission as the two are different cases. "These are two different cases.
The HC case was only to challenge their appointment while my case is for disqualification from membership. The High Court order will have no implication," Patel said.
The Election Commission had on August 29 reserved its order on a plea by 21 AAP legislators, who had questioned the maintainability of a petition seeking their disqualification for holding the post of parliamentary secretaries, which was alleged to be an office of profit.