Kejriwal vs. LG scuffle

Batch of six appeals filed by AAP Government against Delhi HC order which gave Lt. Governor Nejeeb Jung as head of National Capital & he is not bound by aid and advice of CM and council of ministers.
However, bench comprising of Justice A.K. Sikri & Justice N.V. Ramana refused to put stay on Delhi HC order despite of strong contention by group of eminent senior advocates representing AAP Government namely KK Venugopal, Gopal Subramaniam, Indra Jaising, PP Rao and Rajeev Dhavan.
Advocates appearing for AAP contended that Delhi was facing government crisis ever since the impugned order passed by Delhi HC.
Attorney General Mukul Rohtagi and Solicitor General Ranjit Kumar appearing for centre argued that SLP is liable to be dismissed as the sworn affidavit signed by Deputy CM should be signed by Law Secretary. They also argued that Delhi is a Union Territory which is clear by this court in famous case of NDMC.
Petitioner contended that this SLP to refer to Constitutional Bench. However, Judge said the issue will be decided after preliminary hearing.
“If the LG  the boss in terms of governance and decision-making process, then Parliament in its wisdom would not have provided for a council of ministers headed by a chief minister, who were answerable to the legislative assembly”, the appeal said. AAP  government also contended that  if elected government have no control over mechanism to remove corruption through Anti-Corruption Branch (ACB) then elections would be of no use which mandates govern for 5 years. Petitioner also contended that it was a settled constitutional principle that the head of a state, like governor or LG, was bound by the decision of the council of ministers headed by the CM. But the HC chose to tread a new constitutional path
The Supreme Court today issued notice to Centre seeking response within six weeks for aboovesaid six SLPs,  the bench fixed the SLPs for final hearing on November 15.

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