In a major blow to the Aam Aadmi Party (AAP) government
in the capital, the Delhi High Court on Thursday held that the
Lieutenant Governor was its “administrative head” and that it “continues
to be a Union Territory.”
The High Court also set
aside the AAP government’s contention that the L-G was supposed to act
“only on the aid and advice of the Ministers” even as it declared
“illegal” the commission of inquiry ordered by the AAP government into
the CNG Fitness scam in the transport department and also the Commission
of Inquiry to go into the alleged irregularities in the functioning of
the Delhi and District Cricket Association (DDCA).
A
Bench of Chief Justice G. Rohini and Justice Jayant Nath interpreted
Article 239 A, 239AA of the Constitution and the provisions of the
Government of National Capital Territory of Delhi Act and the
Transaction of Business Rules to rule that Delhi continues to be a Union
Territory.
Notifications quashed
“On
a reading of Article 239 and Article 239AA of the Constitution together
with the provisions of the Government of National Capital Territory of
Delhi Act, 1991 and the Transaction of Business of the Government of NCT
of Delhi Rules, 1993, it becomes manifest that Delhi continues to be a
Union Territory even after the Constitution (69th Amendment) Act, 1991
inserting Article 239AA making special provisions with respect to
Delhi,” said the Bench.
The court also quashed
several notifications issued by Chief Minister Arvind Kejriwal after
returning to power in February 2015, terming them “illegal” as they were
issued “without concurrence of the L-G.”
The order
has come as a huge setback to the AAP government which has been fighting
for complete control over the governance of Delhi and has repeatedly
blamed the Bharatiya Janata Party-led Central government for trying to
rule through the L-G.
The Delhi Government’s senior
standing counsel Rahul Mehra said they would file a Special Leave
Petition against the judgment in the Supreme Court. Deputy Chief
Minister Manish Sisodia told a press conference that they respected the
High Court order but did not agree with it.
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