Says order issued without concurrence of LG
PTI
NEW DELHI
The order came around a month after the high court on August 4 held that the LG was the administrative head of the union territory of Delhi and his concurrence was “mandatory” in administrative issues.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal set aside the March 13, 2015 order after the counsel appearing for the Delhi government “conceded” that it was issued without taking concurrence or views of the LG.
Senior advocate Sudhir Nandrajog, appearing for the Delhi government, referred to the August 4 verdict and said, “Today, I have to concede that the judgement stands against me (Delhi government).” He said that the March 13, 2015 order, appointing 21 legislators as parliamentary secretaries, was issued without taking the concurrence or view of the LG.
Taking note of the submissions, the bench said, “it has been conceded by the GNCTD that order dated March 13, 2015 was issued without seeking concurrence/view of the LG. The impugned order of the GNCTD is set aside following the ratio laid down (in the August 4 verdict).” The high court had passed the August 4 verdict on a batch of petitions arising out of the tussle between the Centre and the AAP government over LG’s administrative powers on governance of the national capital.
During the hearing today, Additional Solicitor General (ASG) Sanjay Jain told the bench that the Election Commission was also seized of the matter pertaining to appointment of these legislators as parliamentary secretaries.
The court’s order came on a petition by an NGO, Rashtriya.
