In a setback to the Aam Aadmi Party (AAP)-led Government, the Delhi High Court on Thursday set aside its order to appoint 21 AAP MlAs as parliamentary secretaries on the ground that the order was issued without the opinion of the lieutenant-Governor (l-G).
The High Court decision comes a month after it held that the l-G was the administrative head of the national Capital and his opinion is mandatory for the running administration of the Union Territory of Delhi.
A Bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal set aside the March 13, 2015 order after the counsel appearing for the Delhi Government “conceded” that it was issued without taking concurrence or views of the l-G.
The PIl filed by Rashtriya Mukti Morcha challenged the order of the Government saying, “One of the grounds for challenging the order is that it was passed without communicating the decision to the lieutenant-Governor for views/concurrence as required under Article 239AA of the Constitution of India.”
Meanwhile, senior advocate Sudhir Nandrajog, representing the Delhi Government, referred to the August 4 verdict and said, “Today, I have to concede that the judgement stands against me (Delhi Government).”
Taking note of the submissions, the Bench said, “It has been conceded by the GNCTD that order dated March 13, 2015 was issued without seeking concurrence/view of the lG. The impugned order of the GNCTD is set aside following the ratio laid down (in the August 4 verdict).”
The High Court had passed the August 4 verdict on a batch of petitions arising out of the tussle between the Centre and the AAP Government over lG’s administrative powers on governance of the national Capital.
During the hearing on Thursday, Additional Solicitor General (ASG) Sanjay Jain told the Bench that the Election Commission was also seized of the matter pertaining to appointment of these legislators as parliamentary secretaries.
The Election Commission had on August 29 reserved its order on a plea by 21 AAP legislators, who had questioned the maintainability of a petition seeking their disqualification for holding the post of parliamentary secretaries which was alleged to be an office of profit.
Meanwhile, the AAP on Thursday said there are no parliamentary secretaries in Delhi following the Delhi High Court’s order quashing their appointments.
The Delhi’s ruling party noted that the verdict was based on the High Court’s earlier ruling giving the lt-Governor primacy in administrative affairs in the Capital. AAP spokesperson Dilip Pandey said the Delhi Government told the court that the appointment of 21 parliamentary secretaries was made without the approval of lt-Governor Najeeb Jung.
“Taking cognisance of this the High Court quashed the appointments of the 21 Parliamentary Secretaries. This implies that at this point of time there is no Parliamentary Secretary in Delhi,” Pandey said. Nagendar Sharma, media advisor to Delhi Chief Minister Arvind Kejriwal, said: “After today’s (Thursday) High Court order there is no Parliamentary Secretary in Delhi.”
Sharma said they will not move the Supreme Court over the issue.
The court was hearing a public interest litigation (PIl) challenging the AAP Government’s decision to appoint 21 party legislators as Parliamentary Secretaries.