Calling it a completely political issue, the BJP and the Congress have urged the Supreme Court to steer clear from the subject of formation of a government in Delhi while supporting the Lt-Governor’s decision to not announce fresh polls.
The two parties were responding to a petition by the Aam Aadmi Party (AAP) that had challenged the L-G’s decision to keep the Delhi Assembly under suspended animation. They told the court that the reasons for not dissolving the Assembly were valid and no interference from the SC was required at this juncture.
Both parties are in unison while countering a suggestion by the court to send the matter to the L-G to revisit his decision on keeping the Assembly under suspended animation for a year.
While the Congress said fresh polls would entail unnecessary expenditure, the BJP maintained that any decision on the formation of a government in Delhi would be taken by the party only after the Lok Sabha elections.
The BJP has pointed out that the political situation was fluid, not only in the national capital, but across the country in the wake of ongoing general elections and hence the party would want to wait.
It said a lot would depend on the outcome of the Lok Sabha election and “future behaviour” of parties would also be bound by the poll results.
On the issue of formation of government, the BJP contended that it would communicate its decision on when and how to form the government only to the L-G, if and when, he invites them to form the government. It said the court should let the L-G take a call on these political issues and not issue any directives.
In the 70-member Delhi Assembly, BJP is the single largest party with 31 seats and the support of one Akali member. AAP has 28 seats.
A bench led by Justice R M Lodha will take up the parties’ affidavit on Thursday. On the last date of hearing, the court had asked both parties to reply whether they were in a position to form the government.
The bench had earlier expressed disapproval at Delhi being without an elected government for an extended period, saying it was harmful for democracy if the state of suspended animation continues for one year.
The court had, in February, issued a notice to the Centre on the AAP’s challenge to not dissolve the Delhi Assembly and keep it in suspended animation. It had said it would examine the constitutional validity of such a decision and see whether it was required to furnish reasons for not dissolving the Assembly.