Aam Aadmi Party rose to power promising a new kind of politics but soon it became just like any other party. With the passage of time its MLAs’ deeds exposed their real character. Recently, in a major setback to the Arvind Kejriwal-led AAP Government, President Ram Nath Kovind approved the disqualification of 20 MLAs on grounds of holding an ‘office of profit’ as Parliamentary Secretaries. One would be surprised to know that the man who single-handedly took on the AAP Government in the office of profit legal fiasco is just 30-year-old from Uttar Pradesh’s Fatehpur district. Coming from an ordinary background, a Sciencegraduate and an MBA, Prashant Patel Umrao , describes himself a proud Hindu and ardent devotee of Hanumanji. Prashant, the lawyer who petitioned to the Election Commission against alleged office of profit held by 21 AAP MLAs in 2015, said to Organiser Correspondent Nishant Kr Azad , “I am a lawyer not by ‘chance’ but by ‘choice’. My urge to work for society made me pursue a degree in law and become a lawyer so that I can fight for the social cause”. Excerpts:
How do you see this historic
verdict disqualifying the AAP MLAs?
I must say that, this is the victory of Constitutional principles and people of Delhi. This whole episode clearly
indicates that AAP never cared for constitutional provisions and had been using public funds for the benefits of their MLAs. People of Delhi gave mandate to the so-called ingenuous government but the Arvind Kejriwal-led AAP Government has cheated them. This verdict will strengthen people’s faith in Constitution and the judiciary system.
What inspired you to take up the case?
I got the idea to file a petition in connection with the ‘office of profit’ matter from the book written by former secretary in the Delhi Legislative Assembly SK Sharma—‘Delhi Sarkar Ki Shaktiyaan aur Simayen’ in June 2015. In the book it was mentioned that, “The appointment of 21 MLAs as Parliamentary Secretary by AAP is illegal and if it is challenged, their membership will be rejected”. After that I filed an office of profit petition which has accepted in July 2015.
AAP supporters are accusing you of being an agent of Opposition parties. What do you have to say?
There is no law to appoint Parliamentary Secretary in Indian Constitution. Appointment of AAP MLAs as Parliamentary Secretaries was unconstitutional & illegal. On March 13, 2015, 21 AAP MLAs were made Parliamentary Secretary with the powers of deputy ministers. In this way, AAP Government made 28 ministers instead of seven. Therefore, these appointments came under office of profit. I made a complaint to the President on June 19, 2015, against these appointments. The President forwarded my complaint to the Election Commission, which further issued notices to the 21 MLAs. When I challenged the appointment, AAP Government passed a bill in Delhi Assembly in a hurry without even following the procedures.
This is a matter of principles. I have nothing personal against Arvind Kejriwal or the AAP MLAs. Election Commission provided enough time and opportunity to the AAP MLAs to hear them out. I have no association with any political party. I have been practising law for the last three years. This is simply a legal matter, what has it got to do with a government or party? This only pertains to the President and the Election Commission. AAP is diverting the issue to save their face.
You have requested the Delhi Police and Central Home Ministry to provide security. Have you received any threats after winning the case and who are those people?
There is no specific threat but AAP has a track record of harming and manhandling to those who do not agree with their thoughts. Because of me, 20 AAP MLAs have lost their membership, so they can make an attempt to harm me in annoyance. I have requested for security as a precautionary measure.
What are the problems you faced while fighting the case?
It was not easy to fight against a government with big mandate. I single-handedly managed the things. Initially many people demoralised me saying that I would not get anything by fighting against them.
I am an ardent devotee of Hanumanji and it was my belief
in Hanumanji, Constitution and Judiciary process that helped me in this fight. I was fighting for the right cause and truth, so God and the judiciary system did justice to me. Ultimately, it is truth that always
triumphs in the end. I am happy that the time I have spent on this has paid off.
Who are the people who
supported you in the fight?
Shri SK Sharma, former secretary in the Delhi Legislative Assembly, who is also a Constitutional expert supported and guided me in understanding the important legal aspect of the case that helped me to fight this case against corruption.
Do you think that agenda driven Legal activism is increasing among lawyers?
Yes, what you are saying is right. While there are many examples of NGOs using Legal activism as a tool to obtain their false agenda, this is also a medium to raise many public interest issues and fight corruption.
There are similar kind of cases allegedly that have taken place in Haryana and Chhattisgarh, why only Delhi?
Haryana and Chhattisgarh are complete states, but this is not the case with Delhi. Delhi, it is not a state, it is a Union Territory. In other states, before appointing Parliamentary Secretaries, primarily the states made law and provision for the appointment. But in the case of Delhi, first the government made the appointment and when the
appointment was questioned and the petition was filed against it, they passed a bill in a hurry.
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