Sunday 21 January 2018

AAP MLA disqualification: Cong ready for bypolls, says Ajay Maken


Demanding the resignation of Chief Minister Arvind Kejriwal after the disqualification of 20 Aam Aadmi Party (AAP) MLAs Delhi Congress leader Ajay Maken these days stated his celebration changed into ready for bypolls. He additionally reiterated the allegation that the BJP and the Election Commission (EC) had helped the AAP with the aid of delaying the disqualification system and enabled it to send its 3 candidates to the Rajya Sabha . The celebration could have cut up because of inner dissensions had the EC made the advice earlier than December 22 when the 3 AAP applicants have been elected to the Rajya Sabha Maken claimed. The postpone became planned and due to a deal among the BJP and the AAP the EC knowingly did so he stated rubbishing the AAP s declare that the disqualified MLAs had been no longer given a listening to via the EC to present their case. The full bench of the fee on eleven dates gave them possibility for listening to the Congress chief claimed. He accused AAP of mendacity on the matter and stated that his claims of office of income enjoyed by using the MLAs as parliamentary secretaries have been based totally on proper files. The AAP can document a case against me if I am lying. The papers show the MLAs enjoyed advantages of workplace furniture conveyance and other facilities Maken said. The Congress will keep a large protest at the CM s office on tomorrow stressful his resignation he stated. Kejriwal has lost the ethical right to rule and he have to step down after the disqualification of 20 MLAs of his party Maken stated. The Congress is completely ready to contest the bypolls on the 20 seats. We are retaining conferences over the possible elections. We will hold employees meets after January 26. I hope the people will correct the error they dedicated 3 years lower back he stated. New Delhi: Fight the struggle legally but be prepared for the via-polls as properly. That s the message the Aam Aadmi Party has given to its 20 disqualified lawmakers.Sources within the AAP said despite the fact that the celebration would take all feasible prison recourse the MLAs were sounded out to be prepared for any eventuality that is a possible by using-poll.On Friday whilst the reports of the Election Commission recommending disqualification of the lawmakers got here they rushed to the Delhi High Court seeking a relief. The count number was postponed and will now be heard on Monday.All the 20 MLAs had been disqualified for holding office of profit. The party also can attraction in the Supreme Court if the High Court does no longer supply a favourable ruling.The celebration leadership has held conferences with these 20 lawmakers twice in closing days. We hope to get justice within the court. Even if we don t get justice then we are able to go to the people s court that's the very best courtroom Madan Lal who represented the Kasturba Nagar constituency prior to his disqualification stated. CommentsClose X Alka Lamba who represented Chandni Chowk stated the disqualified lawmakers trust inside the judiciary however they may be additionally organized to move returned to the human beings and are looking for a fresh mandate if courts don t supply ruling of their favour.After the assembly with party leadership the day prior to this Sarita Singh who represented Rohtas Nagar had stated all of the disqualified lawmakers will approach the court. If we don t get a fine ruling then we will go to the people s courtroom she stated. AHMEDNAGAR (MAHARASHTRA): Aam Aadmi Party (AAP) chief Kumar Vishwas on Saturday termed the disqualification of 20 of its MLAs for containing the workplace of earnings as unlucky and sad . It s very unlucky and unhappy that the Election Commission has advocated 20 Aam Aadmi Party (AAP) MLAs be disqualified from the Delhi Assembly for containing places of work of profit. I had given positive tips in advance but I turned into advised it s the CM s prerogative to employ humans so I stored quiet Vishwas advised ANI. Vishwas stated that he has also been eliminated from diverse WhatsApp organizations of the party. However petitioner Prashant Patel in the Aam Aadmi Party MLAs office of income case has expressed delight over the ECI s guidelines. The ECI on Friday advocated President Ram Nath Kovind that the 20 MLAs be disqualified. In instances where petitions are made looking for the disqualification of lawmakers the President sends a reference to the ECI which decides on the case through sending returned its opinion. If the president gives his assent the disqualification of the legislators would pave the manner for bye-elections in Delhi. On Friday the Election Commission recommended to President Ram Nath Kovind to disqualify 20 Aam Aadmi Party contributors of the Delhi Legislative Assembly for holding the put up of parliamentary secretaries considered an workplace of profit . The MLAs moved the Delhi High Court for interim relief but it refused to bypass an order and requested the poll panel to tell it by way of January 22 whether or not a very last verbal exchange has been despatched to the President. The President s choice whilst it's far made cannot be challenged.But what precisely is this situation approximately? Have there been similar instances earlier than? How would it affect the AAP government in Delhi? Here s a low-down:What is office of profit? India s Constitution does no longer outline the time period workplace of income . But Articles 102(1) and 191(1) restrict lawmakers from accepting any workplace of income underneath the valuable or country governments other than those which can be especially exempted by means of laws made by Parliament or State Assemblies. The idea in the back of the concept is to preserve their independence from the govt in order that they do now not sense any authorities stress in the discharge of their legislative responsibilities.The Supreme Court has held that an office of income is an office which is able to yielding a earnings or pecuniary benefit. For figuring out the query as to whether one is retaining an workplace of earnings or not what is relevant is whether the office is capable of yielding a earnings or pecuniary benefit and no longer whether or not the character sincerely received a economic benefit. If the pecuniary gain is receivable in reference to the workplace then it turns into an office of earnings regardless of whether or not such pecuniary advantage is certainly received or not... If the office consists of with it or entitles the holder to any pecuniary gain other than compensation of out of pocket/actual fees then the office could be an workplace of income for the motive of Article 102 (1)(a) Supreme Court in Jaya Bachchan vs Union of India The office of minister is one such exemption that is not considered an workplace of income underneath the law. But there may be a constitutional restriction at the range of ministers 15% of the total quantity of members of the Assembly mainly that's constrained to 10% inside the case of Delhi because it isn't a full nation.In 1959 Parliament enacted a regulation which has been amended occasionally specifying workplaces that could not entice disqualification underneath the Constitution.In 1997 Delhi Assembly surpassed a law listing two exemptions to the workplace of profit and a third one turned into brought in 2006 by way of an change. The workplace of Parliamentary Secretary is but not one of these three exemptions.Such appointments of political secretaries had earlier been struck down in Himachal Pradesh in 2005 Goa in 2009 and in West Bengal and Telangana in 2015. The courts have continuously held these to be an endeavour with the aid of country governments to circumvent the constitutional ceiling at the wide variety of ministers they can hire. What is AAP legislators case?In March 2015 the Arvind Kejriwal authorities appointed 21 AAP legislators as parliamentary secretaries to facilitate smooth functioning of various ministries. The order appointing them said they could now not get any remuneration or perks however would have space inside the minister s office to paintings and could use government shipping for legitimate functions .The decision was challenged before the Delhi High Court by way of Rashtriya Mukti Morcha a non-governmental corporation. In a public hobby litigation filed in May 2015 the NGO claimed the appointments were unconstitutional unlawful and with out jurisdiction . The subsequent month a legal professional named Prashant Patel petitioned President Pranab Mukherjee that the 21 MLAs have been keeping offices of profit and must consequently be disqualified. He claimed they were getting monetary reimbursement. Mukherjee despatched Patel s criticism to the Election Commission requesting its opinion. The commission issued notices to the MLAs in March 2016. In reaction the AAP passed a Bill amending the Delhi Members of Legislative Assembly (Removal of Disqualification) Act 1997 to exempt the post of parliamentary secretary from the definition of the office of income . The birthday celebration maintained that it changed into no longer an workplace of earnings because the legislators had been not getting pecuniary advantage . Kejriwal claimed they were running totally free . But the Bill turned into rejected by way of Mukherjee in June 2016. In September 2016 the Delhi High Court scrapped the legislators appointment as parliamentary secretaries. The legislators then went to the Election Commission arguing that for the reason that High Court had declared their appointment null and void the ballot panel couldn't listen a petition against them for containing an workplace that by no means existed. The fee did now not agree writing to the President in June last 12 months that the MLAs did maintain de facto the workplace of parliamentary secretaries from March 13 2015 to September eight 2016. One of the MLAs Jarnail Singh had resigned early ultimate 12 months to contest the Punjab Assembly election after which court cases against him have been dropped.The fee has now concluded that the submit of parliamentary secretary did indeed qualify as an workplace of profit. The AAP has argued that the Election Commission did not maintain a single hearing at the case after its order of June 23 2017. The order explicitly said that the Commission will intimate the next date of hearing to all of the concerned parties in the present proceedings in due path .As in step with specialists the Commission had to date most effective addressed the first of the three questions it is meant to reply:Did the legislators maintain any workplace? Was the office held under the authorities? Did the workplace convey any profit?Have there been such controversies before?In 2004 the Congress-led government appointed the birthday celebration s chief Sonia Gandhi to head the National Advisory Council. In the wake of allegation that hers was an office of earnings Gandhi resigned as a member of the Lok Sabha and sought re-election. She again to the Parliament and to the National Advisory Council as well after the Parliament (Prevention of Disqualification) Act 1959 turned into amended in 2006 to specify that the put up of the National Advisory Council s chairpersons became no longer an https://getsatisfaction.com/people/kkgrof workplace of profit. The regulation was again amended in 2013 to exempt the chairpersons of the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes from disqualification. Samajwadi Party MP Jaya Bachchan lost her seat in 2006 for containing the publish of chairperson of the Uttar Pradesh Film Development Federation deemed to be an office of income. In 2015 Bharatiya Janata Party s Bajrang Bahadur Singh and Bahujan Samaj Party s Uma Shankar Singh had been disqualified from the Uttar Pradesh Assembly for containing office of profit. What will be the effect on AAP?If the President does take delivery of the Election Commission s advice the 20 AAP legislators will lose their membership of the Assembly necessitating bye-elections.This will however not have an effect on AAP s majority given the party has sixty six MLAs in the 70-member Assembly. But it'll probable erode the Kejriwal authorities s political capital now not least due to the fact ensuring propriety in public life is fundamental to its attraction. Moreover if a massive range of the disqualified MLAs lose the bye-elections it might embolden AAP s rivals specially the BJP. Written via Dr Munish Raizada five:39 pm Delhi Chief minister Arvind Kejriwal (Express Photo via Praveen Khanna) Related News LIVE Updates: Delhi HC to pay attention AAP s plea towards disqualification of its 20 MLAs todayOffice of income case: President acts on EC s opinion orders disqualification of 20 AAP Delhi MLAsPolitics in matters of welfare is treason: CM Arvind KejriwalMorality become to be our mantra. But realpolitik has end up our tantra. This is how I would describe the Aam Aadmi Party (AAP) s reaction to the stated news of disqualification of 20 MLAs via the Election Commission. Regardless of the way the occasions spread in coming days and week our birthday party has already lost the moral excessive ground in the eyes of public. Let us move briefly in the issue. On March thirteen 2015 hardly a month after a landslide victory with 67 MLAs within the 70-seat Delhi Assembly elections Delhi s Chief Minister Arvind Kejriwal appointed 21 MLAs as Parliamentary Secretaries. On June 19 2015 a young advise Prashant Patel petitioned to the President that those MLAs be disqualified due to the fact these positions constituted Offices of Profit. The President referred the problem to the Election Commission. ALSO READreceived t take EC disqualification lying down On June 24 2015 the Delhi Assembly exceeded a Removal of Disqualification Amendment Bill retro-powerful from the day the AAP authorities became sworn in (Feb 14 2015) in which the assembly declared that the workplace of Parliamentary Secretary (PS) to the Chief Minister and Minister of Government of NCT of Delhi shall no longer be disqualified and will be deemed never to were disqualified. The invoice changed into sent to President Pranab Mukherjee who however refused to offer assent to the bill (June thirteen 2016). Thus the primary authorities on June 25 2016 despatched the invoice back to Delhi meeting. Meanwhile Election Commission (EC) began the court cases and in July 2016 arranged for the hearing of MLAs. In every other development the Delhi High Court on September 22 2016 set apart the order of Delhi s AAP authorities of appointing MLAs as Parliamentary Secretaries at the floor that the decision lacked the approval of the Delhi Lieutenant Governor. According to advocate Patel EC gave a total 11 rounds of listening to to MLAs (some other lie by using AAP the previous day saying that EC did not listen to their MLAs). Finally the day before today the media extensively suggested that EC had recommended disqualification of MLAs to the President. Legal specialists trust that the President is certain to just accept the advice. In the Constitution the Office of Profit has no longer been absolutely described however the controversy arising in this difficulty is not new. Articles 102 and 191 of the Constitution explain the ground of disqualification of a lawmaker (member of legislature) if s(he) holds an workplace of income. The best motive at the back of this regulation changed into that a lawmaker must serve the public for which s(he) has been selected and no longer get into every other companies. Also with the aid of now not protecting every other workplace the legislator could be able to spare himself from the affect of presidency (executive). There had been various court docket choices bearing on this depend some at variance with others however a not unusual thread has been that a legislator ought to not be preserving an Office of Profit beneath the executive so that independence of legislature is preserved and it does no longer emerge as subservient to the govt. With this knowledge it is simpler to peer a few instance of moral turpitude by using Delhi Chief Minister Arvind Kejriwal in this case. In the primary vicinity what became the need to rent 21 MLAs thereby venturing into a place of felony complexity? AAP become born with a cussed vow (jidd) to cleanse corruption in Indian politics and offer an opportunity version of politics. A birthday party that vouches for vyastha parivartan this form of political expediency turned into hardly justified. Not simplest that Kejriwal took it to the subsequent degree through passing a Bill in the Delhi meeting which removed Parliamentary Secretaries from the listing of office of Profit. Then Kejriwal brought the Bill with out looking for previous approval from LG (consider Delhi is a partial nation and LG is the govt head). AAP can't disguise its political crookedness by hiding behind its predecessor Sheila Dixit doing the equal factor in 2006 with19 MLAs. Second attacking a constitutional frame like the EC for its decision is another low. When our celebration gained its massive mandate of sixty seven seats the EC became all suitable and pious but when it endorsed disqualification of 20 MLAs the identical group became a puppet of Modi ! Having been related to and volunteered for AAP considering its starting I am no longer amazed on the rapid decline of our fortunes. At the organizational degree we have seen the absolute backtracking on our ideology and standards. The birthday party became based with 3 cardinal standards which promised a brand new age politics: Financial Transparency (chande kee paardarshita) inner birthday party democracy (Swaraj) and inner vigilance (Aantrik Lokpal). However within the closing 5 years Arvind Kejriwal has not only systematically demolished these precept he has reduced the birthday party to an insignificant club-degree functioning. The Office of Profit injury has come at a time whilst the celebration remains recuperating from the humiliation of an internal 2 G (Gupta) scam of AAP. It is broadly believed that Arvind Kejriwal s decision has not been totally above-board as Sushil Gupta a rich man had defected to AAP from Congress only a few weeks before being nominated to the Rajya Sabha. The public and birthday celebration volunteers at big have been baffled as to why Kejriwal selected an unknown yet wealthy person from an opponent political birthday party. In public lifestyles morality is a matter of notion too. Little did Mr. Kejriwal assume that the episode might cause a lot scrutiny and public ridicule! In the continued Office of Profit fiasco as nicely Kejriwal has once more verified a streak for unethical practice moral corruption and lack of regard for the constitutional safeguards. Munish Raizada is a suspended member of AAP convener of Chanda Bandh Satyagraha in opposition to AAP and a Chicago-based neonatologist. He tweets @drmunishraizada For all of the state-of-the-art Opinion News down load Indian Express App More Related News Iss Factory Ki Licencing Hamare Paas Hai : North Delhi Mayor stokes row over Bawana hearth Office of Profit case: Setback for Kejriwal as President approves EC recommendation to disqualify 20 AAP MLAs Tags: Arvind Kejriwal AAnup VermaJan 21 2018 at 7:37 pmYou wrote so many paragraphs however couldn't write a line approximately any type of profit AAP MLAs took which isn't always allowed.(1)(1) Reply AAzhar A KhanJan 21 2018 at 7:19 pmVerily speakme AAP s top notch emergence as a party with a differene has taken a beating following corruption fees levelled in opposition to a number of its contributors.Now the disqualification of twenty of AAP s legislators at the office of earnings floor accompanied by way of the Presdential approval to it has in addition exacerbated the disaster even as the birthday party s political adverssaries are raring to take advantage of the situation to their political advantage.(1)(1) Reply AAzhar A KhanJan 21 2018 at 7:03 pmVerily speakme AAP s fantastic emergence as a celebration quite special from the relaxation has taken a beating following the corruption prices levelled in opposition to more than one its individuals. Now the disqualification of twenty of AAP s legilators by using the Speaker and its approval via the President has in addition annoyed the disaster as the celebration s combatants are raring to make the most the situation to their political advantage.The Delhi CM will must address this acrimonious time with geat political sagacity.(2)(1) Reply VVidya ArvindJan 21 2018 at four:39 pmI am extremely dissatisfied to examine that a reputed and relied on newspaper like Indian Express did not hassle to mention that this Dr. Raizada has infact officially joined the Congress birthday celebration in April 2016. He is no longer Suspended member of the AAP . There is a restrict to which you will discredit a fledgling celebration. By no longer mentioning the entire background of Munish Raizada IE is likewise including its may to the forces out to strangle the AAP. Will you even submit this remark with its hyperlink? If you achieve this some of my religion for your journalism can be restored. : yespunjab /punjab/information/object/89959-in-presence-of-amarinder-aap-nri-co-convenor-joins-congress-in-chicago(5)(1) ReplySSayAsIsJan 22 2018 at 12:21 amApart from ad homonyms do you've got something to say in opposition to the legitimate points he raised?(zero)(zero) Reply PPremJan 21 2018 at 12:27 pmThe bitterness of someone kicked out of birthday celebration for unfair practices virtually shows.. S: ndtv /india-information/aam-aadmi-birthday celebration-suspends-munish-kumar-raizada-for-anti-celebration-activity-1241945(6)(zero) Reply Load More Comments New Delhi: AAP legislator Amanatullah Khan on Wednesday submitted his resignation as member of the Delhi Waqf Board and advised Lieutenant Governor Anil Baijal to set up the board and appoint a boss.Mr Khan stated the Delhi Waqf Board has been functioning with out a chairman for the past one-and-half years leading to corruption.On Tuesday a Delhi Assembly-appointed committee discovered that a part of the land belonging to Hazrat Naseeruddin Aulia Dargah within the country wide capital was bought illegally in connivance with a few Delhi Waqf Board officers in 2016. CommentsClose X Amanatullah Khan added that the Lt Governor turned into now not setting up the board and said that humans do no longer need him to become the chairman motive why the formation of the board turned into being stalled. I actually have resigned in order that now they'll shape the board the Aam Aadmi Party legislator stated. New Delhi: The BJP on Wednesday hit out at Chief Minister Arvind Kejriwal pronouncing that the Aam Aadmi Party has betrayed the people by using nominating businessmen for the Rajya Sabha polls at the same time as the Congress claimed that one in all them changed into provided a seat manner again in November 2017.Delhi BJP president Manoj Tiwari said the statement of the https://kkgrof.puzl.com AAP s Rajya Sabha candidates belied its anti-corruption plank based totally on which it had stormed to power in Delhi.The Aam Aadmi Party on Wednesday nominated Sanjay Singh Sushil Gupta and N D Gupta as its nominees for the January 16 Rajya Sabha polls.While Mr Singh has been related to the birthday party for the reason that its inception Mr Sushil Gupta is a Delhi-based totally businessman and Mr N D Gupta a chartered accountant and former vice-president of the Institute of Chartered Accountant of India (ICAI).Delhi Congress president Ajay Maken claimed that Sushil Gupta came to him to gentle his resignation and informed him in advance that he were promised a Rajya Sabha berth via the AAP. On 28th Nov Sushil Gupta got here to publish his resignation- I requested him- Why ? I were promised Rajya Sabha(seat) - become his reply Maken stated in a tweet.Mr Maken additionally mocked Mr Kejriwal for the choice of the AAP s Rajya Sabha nominees. Kejriwalji- you had joined politics to exchange it- you (AAP) have taken a lot political color? You took one from Congress and one from BJP Mr Maken tweeted in Hindi.He additionally claimed that N D Gupta who was termed a GST expert via Mr Kejriwal became the largest supporter of the tax reform degree of Prime Minister Narendra Modi. CommentsClose X Mr Tiwari told reporters that the announcement of the AAP s Rajya Sabha candidates belied its anti-corruption plank based on which it stormed to strength in Delhi. Arvind Kejriwal came to strength looking for to fight corruption. Now he is sending two businessmen to the Rajya Sabha. He has betrayed now not best Delhi but additionally the complete country the BJP chief said. AMRITSAR: To resuscitate its Majha unit Aam Aadmi Party s (AAP) Majha Zone has decided to launch a yr-long mission . We will begin Majha Strengthening Mission 2019 from Baba Bakala on February 1 as a way to keep till February 28 2019 said newly appointed president of AAP Majha Zone Kuldeep Singh Dhaliwal while speakme to media humans here on Sunday. Under the undertaking he said that 750 meetings might be held in 25 meeting constituencies within the entire Majha place and 30 conferences in every constituency could be held with the volunteers. The predominant goal of those meetings may be to inspire the volunteers and additionally pick out 10 to 15 volunteers who will work for expanding the party base in their respective regions said Dhaliwal. He said the Majha Zone turned into aiming to accumulate a pressure of 10000 dedicated volunteers who could often live in contact with the public and make people privy to the alleged anti-human beings regulations kingdom and middle government.

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