SC to hear AAP plea against President’s rule on Monday

Plea alleged that President’s rule had been imposed to stall investigations in corruption cases.

New Delhi | February 22, 2014 01:43 AM IST

2 min read

The Supreme Court on Monday will hear a petition by the Aam Aadmi Party (AAP), challenging the decision to impose President’s rule in Delhi on the recommendation of the Lieutenant-Governor Najeeb Jung. A bench led by Chief Justice P Sathasivam said it will hear the petition on Monday.

Advocate Prashant Bhushan, appearing for the AAP, said the election in Delhi must be held with the general elections since there was no possibility of any alternative government in Delhi.
The petition has alleged that President’s rule had been imposed to protect former CM Sheila Dikshit from corruption charges. It said the February 16 order of President’s rule was with a motive to frustrate the ongoing investigation in corruption cases in which FIRs had been lodged by the Arvind Kejriwal government.

“The aforesaid decision is not only arbitrary and illegal and in violation of the democratic rights of the citizens of Delhi but also malafide… The order to impose the President’s rule was illegal, arbitrary and in violation” of Article 14 of the Constitution as after the resignation of the Arvind Kejriwal government, neither BJP nor Congress was in a position to form the government,” the petition read.

Further, the joint petition filed on the basis of newspaper reports and documents available in public domain by AAP and Saurabh Bhardwaj, who was the Transport Minister in the Kejriwal Cabinet, raised constitutional questions to keep the Assembly under suspended animation by ignoring the categorical recommendation of the majority government of the NCT of Delhi for dissolving the House.

“In the present case too, as there is no possibility of formation of any government, according to the aforesaid recommendation, the Assembly should have been dissolved and fresh election should be conducted,” the petition stated, asking for a court order to dissolve the Assembly and not keep it in suspended animation.

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Arvind Kejriwal Delhi news Government Of Delhi Lieutenant Governor Najeeb Jung President Rule supreme court