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EC to continue hearing office-of-profit case against AAP MLAs

EC issues notices to AAP MLAs with offices of profit
2016
  • In 2016, the Election Commission issued notices to 27 AAP MLAs from Delhi for holding offices of profit while serving as lawmakers.
  • A petition was filed on the matter in June and was forwarded to the EC by the President.
  • The petition seeks to revoke the MLAs' membership, and they were asked to respond by 11 November.

    • What is 'Office-of-Profit'?
    Office-of-Profit
  • 'Office-of-Profit', which evolved in England, refers to executive appointments; legislators are forbidden from accepting an office-of-profit under the executive.
  • The idea behind the concept is to secure the legislature's independence by keeping the members away from "temptations" that can come in the way of discharging duties.
  • It seeks to preserve the separation of powers between the legislative, judiciary, and the executive.

    • EC to continue hearing office-of-profit case against AAP MLAs
    24 Jun 2017
  • The EC ruled that it will proceed to hear the plea against 21 AAP MLAs for allegedly holding an office of profit.
  • The Delhi HC had set aside their appointment as parliamentary secretaries but the EC said that the High Court order had no bearing on its procedures.
  • The EC cited SC decisions where even after an appointment was quashed, all decisions were scrutinized.

    • EC favoring disqualification will force a mini-election
    Ruling
  • EC's ruling is being eagerly awaited by AAP's rivals in Delhi.
  • If EC favors disqualification of the 21 AAP legislators on the grounds of their holding office, there would be a mini-Assembly election.
  • The election could see AAP's numbers dwindling even further and could accentuate the rising unpopularity of the party and its leadership.

    • No confidence motion?
    FACT
    The disqualification of the 21 AAP MLAs could also lead to a vote of no confidence against the AAP government in Delhi. This could lead to a floor test, spelling disaster for the party.



    This post first appeared on NewsBytes: Latest News, Breaking News India, Today News, Current News, please read the originial post: here

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