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Prez dismisses plea to disqualify 27 AAP MLAs

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New Delhi: In a relief to Aam Admi Party (AAP), President Ram Nath Kovind has rejected a petition to disqualify 27 of its Delhi MLAs for allegedly holding office of profit by being appointed as chairpersons of Rogi Kalyan Samitis attached to various city government hospitals.
The President signed the order on October 15 dismissing the plea based on an opinion given by the Election Commission (EC) on July 10.
The EC had found no merit in the plea, moved on June 21, 2016 by Vibhor Anand, which had claimed that the 27 AAP MLAs were in a position to “interfere” in a day-to-day administration of these hospitals and hence held office of profit.
The petition had also claimed that in May, 2015 the Delhi health minister had issued directions to all government hospitals to provide office space to chairperson of the committee, which also attracted provision of the office of profit law.
“It is observed that the office of chairperson in Rogi Kalyan Samitis (Patient Welfare Committees) in hospitals of government of National Capital Terrirory of Delhi falls under the exempted category as per item 14 of the Schedule of the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, and therefore this Commission opines that the respondents are not disqualified for holding Office of Profit,” the EC had said in its opinion rendered to the President.
In its opinion, the EC also said that “it is pertinent to note that while it is an established fact that some of the respondents have never been appointed to the said office, the finding that the said office falls under exempted category makes it redundant to comment on the cause of non-disqualification individually”.
Such pleas are sent to the President who forwards it to the EC. The EC then gives its opinion based on which the President has to issue orders.
According to an order issued by the Delhi government’s health and family welfare department on April 26, the ‘Rogi Kalyan Samitis’ are advisory in nature which will assist health facilities, develop and customise strategies among others. It stated that each ‘Assembly Rogi Kalyan Samiti’ will be provided Rs 3 lakh per annum as grand-in aid. (PTI)
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