A day after being stunned by the Election Commission (EC)’s bid to recommend to the President the disqualification of its 20 Delhi MLAs for having held “office of profit”, the ruling Aam Aadmi Party on Saturday stepped up its attack on the outgoing Chief Election Commissioner (CEC) A K Joti as well as Prime Minister Narendra Modi, describing the EC’s move as “unilateral, partisan and perverse”.

Continuing to cry foul over the EC’s “high-handed, undemocratic” move, the AAP alleged that it was “targeted” and “victimised” by “CEC Joti, a former Gujarat cadre IAS officer and ex-principal secretary to the then Gujarat CM Modi” to “please PM Modi” as a “parting gift” three days before his retirement.

“The CEC has misused the powers of his office by taking a partisan stand in this case,” the AAP charged, maintaining that the EC had not held any hearing of its 20 MLAs to know their response before deciding the office-of-profit case against them.

Addressing a press conference here, the AAP’s Delhi convener and Minister, Gopal Rai, made these points while asserting that the Arvind Kejriwal-led party was “not afraid of elections”.

He alleged : “Even under the oppressive British rule, no matter was decided without hearing both sides. But in the present day Modi-raj the CEC has passed an adverse order against the AAP MLAs without giving them a single opportunity to present their arguments in their defense.”

The AAP underlined that following the EC’s last communication to them on 23 June 2017 “which said the MLAs would be called by the Commission to hear their case, no communication was received by any of the MLAs” and that “Even as they awaited the EC’s invitation, the Commission pronounced a unilateral decision disqualifying all the MLAs”.

In its recommendation sent to President Ram Nath Kovind Friday morning, the EC reportedly said the AAP MLAs, by occupying the post of parliamentary secretaries between 13 March 2015 and 8 September 2016, held office of profit, and were liable to be disqualified as legislators.

Both the BJP and the Congress hailed the EC’s decision and demanded Chief Minister Kejriwal’s resignation.

The AAP however claimed that the order of appointment of these MLAs as parliamentary secretaries had stated that “none of them would be entitled to any pecuniary benefits or government perks of any kind”.
It charged that parliamentary secretaries appointed by the Congress and BJP governments in other states “receive salaries, government accomodation and vehicles, among other perks”, adding that “Complaints have been filed against those MLAs as well, but neither the President nor the EC has taken any action against them so far”.

The AAP claimed there are parliamentary secretaries in many states ~ including 24 in Punjab, 4 in Haryana, 5 each in Gujarat and Rajasthan and 2 in Himachal Pradesh ~ each of whom get “fat paychecks”. Highlighting the AAP’s connection with the people of the national capital, Rai said, “We are not afraid of elections. People decide our destiny.”

The AAP has made it clear that it will explore all options, including legal recourse, to challenge the EC’s decision.

The affected AAP legislators had filed an urgent plea in the Delhi High Court on Friday afternoon itself. The high court, however, did not pass any immediate order. AAP leader Sanjay Singh said the party hoped that it would get relief from the court on Monday when the case is again taken up for hearing.

Delhi’s Deputy Chief Minister Manish Sisodia said the party has sought an appointment from the Rashtrapati Bhavan so that its delegation could meet President Kovind to apprise him of their grievances on this matter.