Can LG Acts Without the AID and Advice of Counsel Of Minister : SC while hearing the Plea of AAP Mayor Candidate on challenging the appointment of presiding officer by the LG of Delhi without the AID and Advice of the Council of Minister.
Can LG Acts Without the AID and Advice of Counsel Of Minister : SC
How can the Lieutenant-Governor act without the “aid and advice” of the Council of Ministers in nominating members to the Municipal Corporation of Delhi, the Supreme Court observed orally on Monday.
The apex court made the observation while hearing a plea by senior advocate A.M. Singhvi, appearing for the Delhi government, to quash the nomination of the 10 aldermen.
“What is there by electoral majority is nullified by the aldermen. The whole object is patently illegal,” Mr. Singhvi said.
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“How can the L-G take the decision without the aid and advice of the Council of Ministers? This has to be exercised on the aid and advice..” a Bench comprising Chief Justice D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala said.
The court granted 10 days to Ram Niwas represented by ASG to file a response. On Feb 17 after the MCD elections were differed thrice, the SC while hearing the plea of AAP Then mayors candidate Shelly Oberai, ordered the LG to Notify the MCD first meeting to elect a mayor with in 24 hours. In the same order court also overturn the decision of LG appointed presiding officer and ruled that alderman cannot vote in elections.
The ASG argued that the Government of National Territory Act had been amended after the 2018 judgment by a Constitution Bench, which held that the L-G should act as per the aid and advice of the Council of Ministers.
The law officer added that “in view of the amendment, a notification, which is under challenge in a separate petition, was issued”, referring to the battle between the Centre and the Delhi government over the control of Capital’s services, also being heard in the Supreme Court.
Mr. Singhvi opposed the submissions, saying they were “patently wrong” and that the constitutional interpretation of Article 239AA (which deals with Delhi) by the Supreme Court cannot be negated by amending a statute.
He alleged the Delhi government officers were “emboldened” as they were sending the files directly to Raj Niwas without first sharing them with the Delhi government, and demanded that strictures be passed against the Delhi government oficers.