Lt Governor empowered to decide on fresh poll in Delhi, says SC

The court has adjourned the matter after two weeks.

Written by Utkarsh Anand | Updated: April 17, 2014 1:34 pm
Court also made it clear that its clarification shall not be construed as a direction and that the LG was free to take a call either way in view of the facts and circumstances. Court also made it clear that its clarification shall not be construed as a direction and that the LG was free to take a call either way in view of the facts and circumstances.

The Supreme Court on Thursday said that the Lt Governor was empowered to decide whether Delhi has to go for fresh polls, without waiting for expiry of one-year term of the President’s Rule proclamation.

A bench led by Justice R M Lodha said the court was clarifying the legal position that the LG was not bound to wait for one-year to dissolve the assembly and order fresh election in view of a pertinent provision in the Delhi National Capital Territory Act.

The court also made it clear that its clarification shall not be construed as a direction and that the LG was free to take a call either way in view of the facts and circumstances.

The court has adjourned the matter after two weeks. It is hearing a petition by the Aam Aadmi Party that has challenged the LG’s decision to keep the assembly under suspended animation and not have fresh polls. The proclamation was issued on February 16.

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  1. J
    J.B. Sharma
    Apr 17, 2014 at 11:16 am
    Why Congress and BJP are not wanting elections in Delhi? Congress can not make Government, BJP could not make Government when results were declared and they refused to do poaching at that time. What BJP is expecting? It seems BJP is trying to buy out some MLAs from other parties. It will be not healthy for democracy. LG should immediately order fresh elections.
    Reply