Tuesday, September 26, 2023

Delhi government approaches Supreme Court challenging ten appointments to MCD made by LG without advice from Council of Ministers

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The Supreme Court has asked for a response from the Delhi Lieutenant Governor in a plea by the Delhi government which claims that he illegally appointed ten nominated members to the Municipal Corporation of Delhi (MCD) without consulting the Council of Ministers.

A notice has been issued in the plea filed through Advocate Shadan Farasat before the bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala.  

As per the petition claimed it is the first time since Article 239AA of the Constitution came into effect that such a nomination has been made by the LG, completely bypassing the elected government. 

The plea stated that under the scheme of Article 239AA of the Constitution, the word “Administrator” must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers,.

It also adds that the Lieutenant Governor is bound to make the nominations on the aid and advice of the Council of Ministers.

It also states that the LG is bound to act on the aid and advice of the Council of Ministers and should there be a difference of opinion.

It reinforced on the point that under no circumstances does LG have any independent decision-making power.

As per the petition by Delhi government the two courses of action open to the LG were to either accept the proposed names recommended to him for nomination by the elected government or differ with the proposal and refer it to the President. 

“It was thus mentioned in the petition that such, nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed.”

The petitioners on these grounds sought the order nomination of ten persons to be quashed and a direction to the MCD to nominate members in accordance with the aid and advice of the Council of Ministers.

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