The Delhi high court on Thursday set aside its order appointing 21 AAP MLAs as parliamentary secretaries on the ground that the order was issued without the concurrence of the lieutenant-governor.
The Delhi high court on Thursday set aside its order appointing 21 AAP MLAs as parliamentary secretaries on the ground that the order was issued without the concurrence of the lieutenant-governor. Interestingly, the Delhi government’s counsel conceded before the court that the order was issued aga-inst the consent of the L-G and hence stands “illegal”.
Another petition seeking the disqualification of the-se legislators for allegedly holding office of profit in violation of the rules is under the active consideration of the Election Commission. Once the poll body gives its opinion on the plea, the matter will be referred to President Pranab Mukherjee, who will take a final call on the contentious issue.
A bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal set aside the March 13, 2015, order and asserted that it was mandatory to take prior approval from the L-G even if the matters are cleared by the Delhi Cabinet. In its ruling, the court said: “It is mandatory under the constitutional scheme to communicate the decision of the council of ministers to the L-G even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the lieutenant-governor does not take a different view and no reference to the Central government is required in terms of the proviso to the clause (4) of Article 239AA of the Constitution read with Chapter V of the Transaction of Business of the Government of NCT of Delhi Rules, 1993.”
The order came around a month after the court had on August 4 held that the L-G was the administrative head of the union territory of Delhi and his concurrence was mandatory in administrative issues.
