Wednesday, Oct 22, 2014

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

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.
Written by Utkarsh Anand | Posted: April 17, 2014 1:32 pm | Updated: April 17, 2014 1:34 pm

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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