Copy of Petition to Lokayukta against 28 AAP MLAs including the CM Mr Kejriwal 

FORM – II(see rule 6)

Before the Lokayukta / Upalokayukta, National Capital Territory of Delhi 

Complainant _____________________________ son of Shri_________________ ​(Add description of profession residence etc.)

resident of ________________________________________________________ in the matter-of-allegation against:-

1. Shri Arvind Kejriwal, Chief Minister of Government of N.C.T. of Delhi.

2. Shri Praveen Kumar, Parliamentary Secretary to Minister of Education.

3. Shri Sharad Kumar, Parliamentary Secretary to Minister of Revenue.

4. Shri Adarsh Shastri, Parliamentary Secretary to Minister of Information and Technology.

5. Shri Shiv Charan Goel, Parliamentary Secretary to Minister of Finance

6. Shri Madan Lal, Parliamentary Secretary to Minister of Vigilance

7. Shri Sanjeev Jha, Parliamentary Secretary to Minister of Transport.

8. Shri Sarita Singh, Parliamentary Secretary to Minister of Employment.

9. Shri Naresh Yadav, Parliamentary Secretary to Minister of Labour.

10. Shri Jarnail Singh, Parliamentary Secretary to Minister of Urban Development.

11. Shri Rajesh Gupta, Parliamentary Secretary to Minister of Health.

12. Shri Rajesh Rishi, Parliamentary Secretary to Minister of Health.

13. Shri Anil Kumar Bajpai, Parliamentary Secretary to Minister of Health.

14. Shri Som Dutt, Parliamentary Secretary to Minister of Health.

15. Shri Avtar Singh Kalka, Parliamentary Secretary to Minister of Gurudwara Elections.

16. Shri Vijender Garg Vijay, Parliamentary Secretary to Minister of PWD.

17. Shri Kailash Gehlot, Parliamentary Secretary to Minister of Law.

18. Smt. Alka Lamba, Parliamentary Secretary to Minister of Tourism.

19. Shri Manoj Kumar, Parliament Secretary to Minister of Food and Civil Supplies.

20. Shri Nitin Tyagi, Parliamentary Secretary to Minister of Women and Child Development.

21. Shri Sukhvir Singh, Parliamentary Secretary to Minister of Languages and SC/ST/OBC.

22. Shri Raghuveer Shokeen, Member of Legislative Assembly from Nangloi Jat Constituency.

23. Shri Naresh Balyan, Member of Legislative Assembly from Uttam Nagar Constituency.

24. Shri Vishesh Ravi, Member of Legislative Assembly from Karol Bagh Constituency.

25. Shri Jarnail Singh, Parliamentary Secretary to Minister of Power

26. Shri Surender Singh, Member of Legislative Assmebly from Delhi Cantonment Area.

27. Smt. Bhavna Gaur, Member of Legislative Assembly from Palam Constituency.

28. Shri Jitender Singh Tomar, Former Law Minister and Member of Legislative Assembly.

The above named complainant is satisfied that the aforesaid public functionaries, –  

(i) have abused their position as such to obtain any gain or favour to himself or to any other person or to cause undue harm to any person.


(ii) have failed to act in accordance with the norms of integrity and conduct which ought to be followed by the public functionaries or the class to which they belong.


To support the allegations the applicant relies on the following facts and is also filing an affidavit :-  

(1) On March 13th, 2015, vide notification number – F No. 17/57/2012/GAD/Par.Secy./356, Shri Arvind Kejriwal, Hon’ble Chief Minister, Government of NCT of Delhi, appointed the following 21 MLA’s as parliamentary secretaries to various ministers:-

1. Praveen Kumar (Minister of Education)

2. Sharad Kumar (Revenue),

3. Adarsh Shastri (Information and Technology),

4. Madan Lal (Vigilance),

5. Shiv Charan Goel (Finance),

6. Sanjeev Jha (Transport)

7. Sarita Singh (Employment),

8. Naresh Yadav (Labour),

9. Jarnail Singh (Development,

10. Rajesh Gupta (Health),

11. Rajesh Rishi (Health),

12. Anil Kumar Bajpai (Health),

13. Som Dutt (Industries),

14. Avtar Singh Kalka (Gurudwara elections),

15. Vijender Garg Vijay (PWD),

16. Jarnail Singh (Rajouri Garden) (Power),

17. Kailash Gahlot (Law),

18. Alka Lamba (Tourism),

19. Manoj Kumar (Food and Civil Supplies),

20. Nitin Tyagi (Women, Child and Social Welfare)

21. Sukhvir Signgh (Languages and Welfare of SC/ST/OBC.

The appointment of 21 parliamentary secretaries is a violation of the rules as the AAP Government amended the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997 after the words “and Minister” were inserted to the amendment, for appointing the 21 Parliamentary secretaries. It is an unprecedented act to appoint 21 parliamentary secretaries to various Ministries of the Delhi Government with perks like vehicles and office, which is a gross misuse of public money, as previously there was provision for the appointment of a parliamentary secretary only to the Chief Minister.
The Hon’ble High Court of West Bengal in the matter of “Vishak Bhattacharya v. State of West Bengal & Ors.” W.P. No. 8321(W) of 2013,
Para 57:
” What is directly prohibited cannot be achieved by indirect method. Where it is not permissible to enlarge the Council of Ministers beyond the prescribed size, adopting an indirect method to defeat the Constitutional mandate by giving the nomenclature of Parliamentary Secretary to a Member of Legislative Assembly, who could not make it to become a Minister is nothing but defeating the very purpose and intent of the Constitutional mandate. The description of Parliamentary Secretary and the duties assigned to them especially after insertion of Article 164(1A) is nothing but allowing a Member of Legislative Assembly to become de-facto Minister. Assigning status of Minister of a State, description of their functions and qualifying the perks and privileges under the enactment would clearly lead us to the conclusion that the Parliamentary Secretaries are in fact Ministers though they function under a different title or nomenclature. ”
Para 63 :
” They have access to public record and interaction with the public. Practically except for the nomenclature, they almost function like a Minister of a State. It appears, these appointments are primarily made for the purpose of accommodating an Elected Member of Assembly, who could not be included in the regular Cabinet for one reason or the other primarily on account of restriction contained in Article 164(1A) of the Constitution. In fact ‘Parliamentary Secretaries’ carry all that a Minister does except the name. ”
Since these people are getting perks at the same level as ministers, they are holding office of profit and therefore their membership to the legislative assembly should be disqualified.
(2) Public money is being misused to pay huge salaries to Aam Aadmi Party workers. The recent appointments made by the Kejriwal Government to accommodate about 200 volunteers with huge salaries was an improper act. This is an unprecedented misuse of public funds for political purposes and abuse of Public Office in terms of Section 2(b)(ii) of the Delhi Lokayukta Act. Most of these people have been attached to the Chief Minister. Also, most of these appointees are without proper educational qualification, and they have been given one year’s time to acquire the qualification. These people have been given perks are salaries equivalent to those received by officers from the Indian Administrative Services (IAS) and Delhi, Andaman and Nicobar Islands Civil Services (DANICS).

Also, the procedure adopted in the appointment of these people was not transparent and there was no public notice that was given. Therefore, most of these appointments are void ab initio.

(3) There are three MLA’s against whom cases of serious criminal nature are pending, they are as follows:-

1. Raghuveer Shokeen (Nangloi Jat), FIR No: 689/14 u/s 420/34 of IPC. (Shri Raghuvinder Shaukeen and Yogender Kumar cheated complainant Jitender for Rs 1.51 crore in c/w purchasing of a plot, in a complaint filed at the Nihal Vihar police station.

2. Manoj Kumar (Kondly), FIR No: 713/13 u/s, 186/188/342, 131, 132/3/4 (Manoj Kumar and his supporters alledgedly indulged in malpractices in the Delhi Assembly elections and threatened that he will not allow the polled EVMS to be transported and closed the school gate and sat on a dharna), in a complaint filed at the Kalyanpuri Police station.

3. Naresh Balyan (Uttam Nagar), FIR No: 8/15, dated 31.1.15 u/s 33 Delhi Excise Act (497 cartons of liquor were recovered on 30.1.15 from a godown at Uttam Nagar, which was in the possession of Naresh Balyan’s cousin. Naresh Balyan is also co-owner of this property), FIR filed at Crime Branch.

One of their former colleauge Shri Jitender Singh Tomar was able to evade the due process of law only because he was able to influence the ongoing probe against him, with these people now in power they are in position to inluence the ongoing investigations and probes against them. I request the Lokayukta to ensure that a free and fair probe is conducted in these matters.


(4) There are four MLA’s who are either being probed by different agencies or have provided contradicting information in election affidavits, the details are as follows:-

1. Jitender Singh Tomar (Tri Nagar). LLB Degrees form Tilkamanjhi Bhagalpur University, Bihar in 1999). He is under police custody.

2. Vishesh Ravi (Karol Bagh): Gave an affidavit in 2015 Assembly elections regarding the qualification that he was pursuing BA from IGNOU whereas in the affidavit filed in the 2013 Assembly elections, his affidavit stated that he was 10th from NIOs in 2003, 12th from the UP Board in 2005, B.Com from CCS University in 2008.

3. Bhavna Gaur (Palam): Gave in the affidavit in the 2015 Delhi Assembly elections that she was a B.A from the University of Delhi in 1991 and B.Ed from Maharishi Dayanand University in Rohtak in 1996 whereas in the 2013 Delhi Assembly elections affidavit, she stated that she was a 12th from the Government Girls’ Senior Secondary School, CBSE, Palam, in 1998.

4. Surender Singh (Delhi Cantt). Retired Govt. Servant. BA in 2012 from Sikkim University.

This is in violation of Section 2 b (i) of Delhi Lokayukta and Up-Lokayukta Act, 1996.



The applicant is prepared to swear an affidavit again before the Lokayukta if so desired.  

The necessary deposit of Rs.500- has been made by affixing Judicial stamps of the value on the complaint.





These are gross violations of government rules on the part of the Chief Minister and various other functionaries of the Government of NCT of Delhi. It is, therefore, prayed that an enquiry be made against the said public functionaries. 


Signature of the Applicant  



​I _____________________ son of Shri __________________________ resident of _________________________ hereby declare that the facts stated by me in Para’s _______ to __________ in the complaint are true to may personal knowledge and/or are based on information received from ___________ (give the name) and / or documents, and believed to be true.  

​Verified at ______ this _______ day of ________ 19


Signature of the applicant



Categories: Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s