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In a major victory for the AAP government in Delhi, the Election Commission (EC) said on Thursday the 27 party MLAs are not disqualified for holding offices-of-profit.
The President had sought the opinion of the EC on the alleged disqualification of Alka Lamba and 26 other MLAs for holding ‘offices-of-profit’ as chairpersons of Rogi Kalyan Samitis (RKS). The case had said that the MLAs were RKS heads in the hospitals of the Delhi government, and therefore in a position to interfere in their day-to-day administration.
The petitioner had pointed out that RKS/ Hospital Management Committees were introduced in 2005 under the National Rural Health Mission as a forum to improve the service provisions in public health facilities, and enhance participation and accountability.
In 2009, the Delhi government, through its executive/standing orders, approved the constitution of RKS in all the hospitals with governing bodies under the chairmanship of the MLA concerned. This was in violation of the mandate of the scheme as the post of chairperson of RKS can be held only by a Member of Parliament, zilla panchayat president, district magistrate or the minister-in-charge, and the local MLA can only be a normal member of the governing body, said the petitioner.
The Delhi Health Secretary also wrote to the EC that the chairpersons of RKS were not entitled to any salary or emolumentsapart from the office space in the hospital concerned, and had also elucidated on the nature of powers and functions of the chairpersons.
In its order, the EC said that the office of the chairpersons of RKS falls under the exempted category as per item 14 of the Schedule of the Delhi Members of Legislative Assembly (Removal of Disqualification) Act- 1997.
“Therefore this Commission opines that the respondents are not disqualified for holding office of profit,” the Commission said in its order.
The order further states, while it is an established fact that some of the respondents have never been appointed to the said office, the finding that the office falls under the exempted category makes it redundant to comment on the cause of non-disqualification individually.
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