New Delhi: The Delhi High Court on Thursday revoked the Aam Aadmi Party government’s order to appoint 21 legislators as parliamentary secretaries.
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”.
“The provision of parliamentary secretary is merely to assist the minister in connection with the public and the rest of the Assembly and ensuring a harmonious functioning,” it had said in an affidavit.
After coming to power in February 2015, the AAP government appointed the parliamentary secretaries, saying this would facilitate smooth functioning but made it clear that they would not receive any remuneration or perk from the government, that is, no burden on the exchequer.
The order, however, permitted them to use government transport for official purposes and earmarked space in the ministers’ offices to help them in the official work.
A public interest litigation filed by NGO Rashtriya Mukti Morcha had sought scrapping of the appointments as these were “unconstitutional, illegal and without jurisdiction”.
The PIL said Arvind Kejriwal had “no power, jurisdiction or authority” to administer the oath of office to parliamentary secretaries.
The bench earlier refused to stay the government order, saying it required further consideration.
Bureau Report
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