New Delhi: In what may spell more trouble for Delhi Chief Minister Arvind Kejriwal, the Election Commission on Wednesday served a notice to the Chief Secretary of the city government seeking explanation on the appointment of 21 MLAs as the Parliamentary Secretaries.
In its notice, the Election Commission said that in order to formulate the opinion in the matter, the poll body desires information in respect of each of the 21 MLAs working as Parliamentary Secretaries from the date of their appointments.
The government has been asked to submit its reply before July 14, the day Election Commission will start holding a personal hearing for 21 AAP MLAs who are facing the risk of disqualification from the Assembly in the Office of Profit case.
The 11 things asked by the EC from the Delhi government are:
1. Copies of Notes and Order of the Government creating offices/posts of the 21 Parliamentary Secretaries.
2. Copies of Appointment letter in respect of all 21 Parliamentary Secretaries.
3. Nature of duties assigned to all 21 Parliamentary Secretaries.
4. Whether all the 21 MLAs are eligible for any salary, honorarium fee and payment for services has been made to them, and if so details thereof.
5. Whether any office space has been provided to them. If yes, details thereof.
6. Supporting staff provided to them.
7. Arrangement for transportation – whether any vehicle/driver has been provided for transportation provided to them. It may also be informed, whether any travelling allowance or reimbursement is being provided for travel expenses and whether daily allowance, etc. have been made in connection with transportation.
8. Any residence has been provided to them.
9. Details of telephone, if any provided to them, and expenditure including month charges thereon.
10. Camp office facilities provided to them, if any.
11. Details of any other facility or pecuniary benefit if any provided to each of the above MLAs. Further, the nature of duties assigned to each of them as Parliamentary Secretaries may also be explained.
The AAP government had appointed 21 Parliamentary Secretaries to assist the Delhi government ministers. Thereafter, the government sought an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997. Through the Bill, which has been forwarded to the Centre by Lt Governor Najeeb Jung, AAP wants "retrospective" exemption for the Parliamentary Secretaries from disqualification provisions.
The EC, which is examining the issue, has taken "cognisance" of the President's decision against signing a Delhi government's bill to exclude the post of Parliamentary Secretary from the ambit Office of Profit.
Also Read: 'Appointment of 21 MLAs as parliamentary secretaries unconstitutional'
With the President refusing assent to the bill, the 21 MLAs of the ruling party at present have no legal backing for holding the post of Parliamentary Secretaries.
The Lt Governor has said that the office of Parliamentary Secretary is defined as an "Office of Profit if one looks at the statutes of Delhi" and that as per the GNCT Act, the city can have only one Parliamentary Secretary attached to the office of the Chief Minister.
