Pitch and toss: The AAP government has filed a petition against the disqualification of its MLAs, but it is also preparing for byelections | PTI
On January 21, Delhi Chief Minister Arvind Kejriwal was in Najafgarh, on the outskirts of the national capital, to inaugurate a sewer line project. But the function soon turned into an unofficial pre-election rally. Just two days earlier, the Election Commission had sent its recommendation to President Ram Nath Kovind to disqualify 20 Aam Aadmi Party MLAs for holding an office of profit. These MLAs were appointed as parliamentary secretaries by Kejriwal on March 13, 2015. The president gave his approval just hours after Kejriwal’s appearance in Najafgarh, which was one of the constituencies to have its MLA disqualified—Kailash Gahlot, who was also a minister.
Perhaps fully aware that there would be nopresidential intervention to save his MLAs, Kejriwal was in campaign mode at Najafgarh, and wasted no time in playing the victim card and appealing to the Delhi electorate. The AAP has asked the disqualified MLAs to be ready for polls—the party is expected to repeat the same 20 faces in the byelections. But the AAP has also launched a legal fight contending that the MLAs were not given a hearing by the Election Commission. AAP leader Raghav Chadha said this was the first time that a judicial or quasi-judicial body in India gave a verdict without hearing the arguments of the accused. The disqualified MLAs petitioned the Delhi High Court, which asked the EC not to notify dates for the bypolls till January 29, the next date of hearing.
The Kejriwal government had passed a law to protect the MLAs with retrospective effect from the office of profit norm. This has been pointed out by the Election Commission to establish that the government recognised the post of parliamentary secretary as an office of profit. This could weaken the case of the MLAs.
The AAP has alleged that the disqualification was a conspiracy by the BJP. “[Former chief election commissioner] A. K. Joti took the decision under pressure from the BJP,” said AAP leader Sanjay Singh, who was recently nominated to the Rajya Sabha. “It is also strange that [Joti’s successor, O.P.] Rawat, who had earlier recused himself [eventually attended the hearing and] signed the recommendation.”
Delhi BJP chief Manoj Tiwari said going to court and writing letters is not going to help Kejriwal and that he should face the people’s justice now.
The Congress, meanwhile, has launched an offensive against both the BJP and the AAP, alleging a tacit understanding. “The timing of the Election Commission’s recommendation is suspect,” said Delhi Congress chief Ajay Maken. “Had the decision come before December 22, the AAP would not have been able to send three nominees to the Rajya Sabha, and there is so much dissidence within the party, it would have split.”
The AAP government is in no immediate danger, evenif it loses all 20 seats. But it will be a challenge for Kejriwal to hold on to his MLAs amid rising dissidence.
