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Delhi HC seeks Centre, Delhi government’s reply on BJP MLA’s plea against Assembly resolution

According to the resolution, there have been several media reports as well as Budget speech of Sisodia last week that mentioned "the role of L-G's office for delay and roadblocks in effective execution of projects" of the elected government of Delhi.

By: PTI | New Delhi |
April 18, 2018 5:52:50 pm
Delhi HC seeks Centre, Delhi government's reply Delhi High Court (Express photo: Ravi Kanojia/File)

The Delhi High Court on Wednesday sought response of the Centre, AAP government and the Assembly on a plea by BJP MLAs against a resolution passed in the House to place before it a status report on the files which have been “delayed or blocked” by the Lieutenant Governor’s office. Justice Rajiv Shakdher, while issuing notice to the Centre, AAP government and the Assembly, asked the BJP MLAs, who filed the petition, whether the court can intercede in the running of the House.

The court listed the matter for further hearing on October 8. Senior advocate Sanjay Jain, appearing for BJP MLAs Vijender Gupta, Om Prakash Sharma, Jagdish Pradhan and Manjinder Singh Sirsa, said the Speaker of the House should not have allowed the resolution to be moved, discussed or acted upon nor should he have asked for an outcome report.

Jain said that the outcome report indicated the projects which could not be completed due to the so called “obstacles” created by the Lieutenant Governor (LG). He said that the entire process starting from moving of the resolution and which culminated in the outcome report was in conflict with the Government of National Capital Territory of Delhi (GNCTD) Act and the Rules of Procedure and Conduct of Business in the Assembly.

The petition, filed through advocate Sahaj Garg, has also challenged the outcome report of the LG’s office prepared by the Delhi government. On March 26, the Delhi Assembly passed a resolution, moved by AAP MLA Sourabh Bharadwaj, directing the AAP government to present a “status report” on files which have been “delayed or blocked” by the office of Lieutenant Governor Anil Baijal.

The plea has also sought direction to the “Speaker of the Delhi Assembly not to allow the proceeding to the extent which reflects the conduct of the LG as distinct from the government”. The plea has claimed that “such resolution is also in violation of Rule 264 (f) of the Rules of Procedure and Conduct of Business in the Legislative Assembly of the National Capital Territory of Delhi. It clearly states that a member while speaking shall not reflect upon the conduct of any governor.”

It has said that the opposition cannot allow the illegality to take place in the Legislative Assembly, being stakeholders in ensuring the repute and majesty of the institution in general. The plea has said that “on April 5, the Leader of the Opposition had sent a letter to the Speaker stating his objections to such resolution. However, the objections were overruled by the Speaker”.

“The Lieutenant Governor is also intimated about the ‘Outcome Report of the Office of the Lieutenant Governor’ on April 6, 2018 as the LG is not even consulted while preparing this report nor a copy is supplied to him,” it said. The resolution, according to the plea, also stated that the status report should be presented on the lines of outcome budget of the Delhi government, presented by Deputy Chief Minister Manish Sisodia.

According to the resolution, there have been several media reports as well as the Budget speech of Sisodia last week that mentioned “the role of the L-G’s office for delay and roadblocks in effective execution of projects” of the elected government of Delhi.

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