New Delhi,
In a major setback to AAP, President Ram Nath Kovind has disqualified 20 of its MLAs in Delhi for holding office of profit, a move the party described as “unconstitutional” and “dangerous for democracy”. Kovind gave his assent yesterday to the recommendation by the Election Commission .

Senior Aam Aadmi Party leader Ashutosh said, “The President’s order is unconstitutional and dangerous for democracy.” The EC had on Friday recommended that the 20 MLAs were liable for disqualification for holding office of profit between March 13, 2015, and September 8, 2016.

The AAP MLAs were appointed Parliamentary Secretaries, described by petitioner Prashant Patel as “holding office of profit”.

Giving its opinion to the President, the EC had said the MLAs, by occupying the post of Parliamentary Secretary, had held office of profit and were liable to be disqualified as legislators.

Parliamentary Secretaries assist ministers with their work. AAP insisted that despite holding the office, the MLAs did not take any salary or perks.

“Whether or not the individual Parliamentary Secretaries actually derived the benefits or participated in executive functions of the government is of no relevance,” the EC had said, citing the Supreme Court in the Jaya Bachchan case, laying down that if the post fell under office of profit, disqualification was imminent.

The commission said it had based its opinion on judicial pronouncements of the past, the Government of National Capital Territory of Delhi Act and the Constitution.

AAP had approached the Delhi High Court for a stay on the EC’s recommendation. The court had listed the case for hearing on Monday.

Madan Lal, one of the disqualified MLAs, said they had pinned all hope on the judiciary and the party was expecting some relief tomorrow.

If AAP fails to get a reprieve from courts, Delhi will see byelections for the 20 seats. The Delhi Assembly Speaker will have to notify the 20 vacancies for the EC to announce the byelections. Once the vacancies are announced, AAP’s strength would dwindle to 46 from 66 in the 70-member House. However, it will continue to have a majority.