NEW DELHI : The Delhi High court set aside the Delhi government’s order to appoint 21 AAP MLAs as parliamentary secretaries. The 21 MLAs are facing disqualification for holding the post of parliamentary secretaries by the Elections Commission. On July 13, 2016, the High Court had deferred hearing of PIL challenging the government’s decision.

According to News Agency ANI, the government conceded that since LG approval was not taken, in light of the High Court’s judgement regarding the LG’s powers), the appointments were illegal.The AAP had looked to appoint 21 MLAs as parliamentary secretaries in March 13, 2015, in a move they claimed would speed up development work undertaken by the government. Sisodia had said: “If a minister sends his PS for work, he or she will be provided vehicle, but these MLAs will not be given separate salary or perks for this.

These 21 MLAs, as parliamentary secretaries, would only voluntarily work with the ministers,” Sisodia said. “We are now preparing a detailed guideline as to what they would do with the ministers,” he said.

On being asked about the need of making 21 MLAs parliamentary secretaries, Sisodia also said there are only six ministers in Delhi, but they are holding various departments in this situation and in this situation, they would assist ministers which will be very helpful to them.
A division bench of Chief Justice G Rohini and Sangita Dhingra Sehgal had on July 13 posted the matter for September 8.

The Delhi government had sought through a bill an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997 so as to exclude the post of Parliamentary Secretary from the definition of ‘office of profit’.

Earlier, former Delhi chief secretary Omesh Saigal had admitted that he was ‘aware of the danger in which the MLAs were being put into’ and that is why ‘he had written to Kejriwal after his government issued a notification that the MLAs would be using staff cars’.

Speaking to news Agency Saigal said he did not warn Kejriwal, but it was a ‘friendly kind of note’, which he wrote to his IIT batch mate. “I did not warn Kejriwal. When they declared that the 21 MLAs as parliamentary secretaries, I did not apply my mind because the government had already applied its mind,” Saigal said.

“But when they issued another notification in newspapers that they would now use staff cars, then I did send a mail that it is not right, because I had earlier filed an application before the President, who had referred it to the Election Commission against one health minister, who was ex-official of AIIMS and he was also using this car,” he added.

The former chief secretary further said he knew that Kejriwal was putting his MLAs into danger. “So, I thought as an ex-Kharagpurian, it was my duty to send a warning kind of note. I don’t even know if it reached him, I didn’t pursue it. Frankly speaking, I don’t even remember it. I thought it was just a friendly advice,” he said.

President Pranab Mukherjee refused his assent to a Delhi government’s Bill seeking to exclude the post of parliamentary secretary from the office of profit, raising a question over the fate of 21 AAP MLAs, who have been appointed to the posts.

A division bench of Chief Justice G Rohini and Sangita Dhingra Sehgal had on July 13 posted the matter for September 8. The Delhi government had sought through a bill an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997 so as to exclude the post of Parliamentary Secretary from the definition of ‘office of profit’.
In July, President Pranab Mukherjee had refused to sign a bill that allowed the 21 AAP MLAs to hold a second paying position as parliamentary secretary, leaving their fate hanging in balance. The AAP had defended its decision in the high court, saying the move does not amount to the creation of a “public office”.

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