The president rejects the request that requires the disqualification of 11 AAP MLA in case of profit office
NEW DELHI: In relief for (), the President rejected a petition demanding the disqualification of 11 MLA of parties for allegedly occupying a profit position.
The president's decision on October 28 to reject the statement is based on an opinion issued by the Electoral Commission, the voting panel said.
The president made the decision on the observation of the Electoral Commission that he held the position of co-chair of a ... https://t.co/53L9e8CZbl - Times of India (@timesofindia) 1572969702000
In March 2017, a man named Vivek Garg had filed a petition with the President seeking the disqualification of 11 AAP legislators, including Transportation Minister Kailash Gahlot, claiming they were enjoying a charge of benefits by being co-chairs of District disaster management authorities in 11 Districts of Delhi.
The issue was referred to the EC, which issued an opinion in August that holding the position of co-chair of a district disaster management authority does not attract disqualification as an MLA, since there is no remuneration for wages, subsidies, fees of session. Nor is there any other facility, such as the staff car, office space, support staff, telephone or residence.
According to the law, the President accepts the opinion of the Electoral Commission in cases of profit charges.
The Commission held that item 14 of the List for Members of the Delhi Legislative Assembly (Disqualification Elimination Act), 1997 establishes the exemption for the office of president, director or member of a statutory or non-statutory body or committee constituted by the Government of NCT, provided that said president, director or member is not entitled to any remuneration.
The petitioner requested the disqualification of MLA Sanjeev Jha (Burari), Nitin Tyagi (Laxmi Nagar), Praveen Kumar (Jangpura), Pawan Kumar Sharma (Adarsh Nagar), Shri Dutt Sharma (Ghonda), Rajesh Gupta (Wazirpur), Sarita Singh (Rohtas Nagar), Dinesh Mohania (Sangam Vihar), Amanatullah Khan (Okhla), Kailash Gahlot (Najafgarh) and Jarnail Singh (Tilak Nagar).
The 70-member assembly period in Delhi ends on February 22, 2020 and surveys can be announced in the coming weeks.