AAP office of profit case: Election Commission rejects party’s plea to call Delhi government officials as witnesses

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Published: September 25, 2018 10:25:59 PM

The Election Commission on Tuesday rejected a plea by Aam Aadmi Party MLAs requesting to summon government officials and admit their accounts in an attempt to prove that party lawmakers were not enjoying any benefits while holding the post of parliamentary secretaries.

kejriwal, ec, election commission, office of profit case, aap office of profit case, office of profit aam aadmi party“…There is no reason to call witnesses to give evidence on the same..,” the poll body said in its order.

The Election Commission on Tuesday rejected a plea by Aam Aadmi Party MLAs requesting to summon government officials and admit their accounts in an attempt to prove that party lawmakers were not enjoying any benefits while holding the post of parliamentary secretaries.

“…There is no reason to call witnesses to give evidence on the same… Moreover, as far as proving the non-receipt of benefits is concerned, it is reiterated that it is not the actual receipt but the potential that is to be seen in an enquiry like the present matter,” the poll body said in its order. “There is again no need to call any witness to prove that no benefit was taken by the applicants/respondents by virtue of occupying the post of parliamentary secretaries,” it added.

Earlier, the poll body had rejected a similar plea by the 20 MLAs where they have demanded cross-examination of petitioner Prashant Patel. This prompted the MLAs to move the Delhi High Court against the EC order. The HC too gave a snub to the MLAs and maintained that while Patel cannot be cross-examined as a witness, the MLAs can move a fresh plea before the EC to cross-examine Delhi government officials.

In today’s order, the EC quoted the Delhi High Court verdict which had said that if the MLAs file an application to summon officials as witnesses, it should have full details and particulars on why oral examination in respect of a specific document is required.

The poll body rejected the application saying that it lacked the details and was not filed in the prescribed format.

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