Early decision a must to prevent horse-trading in Delhi, court tells Centre
Even as the BJP seemed to be gearing up to take a call on Government formation in Delhi after inauspicious ‘pitripaksha’, the Supreme Court on Tuesday told the Centre that any further delay to resolve the deadlock on Government formation will encourage horse-trading of MlAs. The court granted the Centre time till October 10 to decide whether to form Government or hold fresh elections.
Sources in the Delhi BJP said that the party was confident of mustering the required numbers to pass the floor test in the Assembly during the Vote of Confidence motion. But the Aam Aadmi Party (AAP), the petitioner before the SC, came to the court armed with a CD showing a Delhi BJP leader luring an AAP MlA legislator to switch sides. The AAP contended that the BJP was trying to ‘buy” MlAs to gain majority.
Refusing to entertain the AAP allegation at the moment, the Constitution bench headed by Justice Hl Dattu told the Centre, “These decisions (to form Government) need to be taken at the earliest or else horse-trading will continue.”
Senior advocate Fali Nariman, who appeared for the AAP, sought permission to file the CD in the court. The party also filed an application alleging horse-trading against the BJP. With both the Centre and the BJP opposing the charge, the SC Bench requested Nariman to not press it till the next date of hearing. “When we are trying to sort out the problem in a more befitting manner, you want us to take up this application.” The court, however, assured Nariman, “On the next date if nothing happens, we will take it up.”
The Centre informed the court that on September 4, Delhi l-G Najeeb Jung wrote to the President indicating his wish to call the BJP to form a Government. The Delhi Assembly has, at present, 67 MlAs of which the BJP and allies constitute 29 MlAs, while the AAP has 27 legislators in the House.
Additional Solicitor General (ASG) PS Narasimha, who described himself as “Hanuman” carrying the message of the Centre, informed the Bench that the process for the Government formation has begun and an appropriate decision will be taken by the President after consulting the political parties. Counsel appearing for the BJP told the court that the party was willing to participate in the Government formation process as and when it is invited by the l-G.
The Bench, also comprising Justices J Chelameswar, AK Sikri, RK Agarwal and Arun Mishra, said, “It is in the interest of everybody if a Government is formed or fresh elections are held.” It asked the Centre to indicate the time-limit. Narasimha was non-committal suggesting that the l-G’s letter is being “seriously considered”. In view of the fact that this process was pending, he asked the court to wind up AAP’s petition. However, the Bench refused. It said, “For heaven’s sake, do not say that nothing remains in this matter. Ball is in your court.”
Meanwhile the BJP launched a counter campaign against the AAP’s claim that it will go all out to stop it from forming a Government. AAP convener Arvind Kejriwal launched a bitter attack on the BJP accusing it of resorting to horse-trading to form a Government.
Kejriwal was highly critical of lt Governor’s letter to the President. In the letter lG said, “In accordance with Constitutional convention and also keeping in mind the law laid down by the Supreme Court that every effort must be made to form a popular Government before recommending dissolution, I shall be grateful if the Honourable President of India grants approval to invite the BJP that is even today the single largest party in the Assembly to seek their interest in forming the Government. Should the BJP agree I would ask them to demonstrate their strength to form stable Government on the floor of the House.”
The language and tenor of the l-G’s letter showed that the l-G was clearly favouring the BJP, Kejriwal claimed. He also threatened to take to the streets to prevent the BJP from forming a Government in Delhi.
“We will hold demonstrations across Delhi to spread awareness. The attempts of the BJP to form a Government by breaking other parties has to be stopped at all costs,” Kejriwal said at a news conference a day after he released a video showing a local BJP leader trying to “buy the support of” an AAP MlA.
“Kejriwal’s statement shows only his desperation. The BJP is not going to form a Government in the national Capital via the back door. Instead the AAP is adopting such tactics and meeting with Independent MlAs as they are greedy for power and don’t believe in the Indian Constitution,” said Delhi BJP chief Satish Upadhyay.
Meanwhile, the Delhi Congress sought to deny the reported move by JD(U) MlA from Matia Mahal Shoaib Iqbal in forging unity between the Delhi Congress and the AAP for the formation of a Government. Sources in the Congress said that Iqbal was doing it on behalf of Kejriwal and the Congress will not extend support to the APP again. The Delhi Congress president also criticised Matia Mahal MlA Shoaib Iqbal for his reported move to seek the Congress support for the AAP to form a Government in the city. “Who has authorised Iqbal to speak on behalf of CongressIJ Asked lovely.