BJP, Congress, Delhi government can’t be party to case: Election Commission

Stating that the Election Commission will summon the political parties if and when required, the poll panel rejected the pleas of the Congress, the BJP and the Delhi government to implead as parties to a petition in the office of profit case that seeks disqualification of 21 AAP legislators for holding the post of parliamentary secretaries.

On July 21, the commission had reserved its order on the issue. The next hearing will now be held on August 10.

Prashant Patel, who had petitioned before the commission seeking disqualification of the MLAs, had opposed the plea of the Congress and the BJP of becoming a party to the case, saying “they wanted to politicise the issue”.

The Delhi government too opposed the plea of intervention by the BJP and the Congress. Rakesh Mehra, representing the Delhi government, said it should be made “impleader” as the AAP dispensation will have a direct impact on the decision by the EC in the matter.

The plea of intervention of Congress and BJP was also opposed by the 21 AAP MLAs.

The Congress and the BJP had said that they should be allowed as parties as the issued involved public interest and money of the exchequer.

Since Mr Patel and the 21 AAP MLAs are the parties assigned in the President’s reference to EC, the plea of the Congress, BJP and Delhi government for “impleadment as parties to the present proceedings is not maintainable before the commission,” the elaborate EC order signed by Chief Election Commissioner Nasim Zaidi and fellow commissioners O.P. Rawat and A.K. Joti said.

“...The present enquiry proceedings have been initiated by the Election Commission on the basis of the reference received from the President of India... Seeking the opinion of the commission on the question of alleged disqualification of 21 sitting members of the Delhi Legislative Assembly, respondents herein. This question has been raised by the petitioner in his representation dated June 19, 2015, to the President of India... Thus, the parties to the present proceedings have been determined by the said Presidential reference dated November 10, 2015,” the EC said.

Following the petition by Mr Patel seeking their disqualification, the EC had issued notices to the AAP MLAs last month.

In their response, the Aam Aadmi Party MLAs said there was no “pecuniary benefit” associated with the post and it comes without any remuneration or power. They had also sought personal hearing before the poll panel in their reply.