Latest Politics News and Updates: Supreme Court to hear AAP petition against President's rule in Delhi

Monday, September 8, 2014

Supreme Court to hear AAP petition against President's rule in Delhi - The Hindu

PTI Aam Aadmi Party leader Arvind Kejriwal addresses a press conference in New Delhi on Monday. The Supreme Court on Tuesday will hear a petition filed by the AAP against the decision to impose President’s rule in Delhi.

The Supreme Court on Tuesday will hear a petition filed by Aam Aadmi Party against the decision to impose President’s rule in Delhi, after the resignation of the Arvind Kejriwal government, on the recommendation of Lieutenant Governor Najeeb Jung.

The hearing comes a day after the AAP released footage purportedly showing Delhi BJP leaders allegedly offering Rs. 4 crore and other perks to its MLA in exchange for supporting the BJP's efforts to form a government in Delhi.

A five-judge Bench led by Justice H.L. Dattu will hear the petition filed on February 20, 2014 alleging that the February 16 order imposing President’s rule was done to protect Congress leaders and former Delhi Chief Minister Sheila Dikshit and frustrate the investigation into corruption cases in which FIR was lodged by the Arvind Kejriwal government.

“Apparently, the motive behind not dissolving the Delhi Legislative Assembly and holding fresh election is to allow a political party, which had badly lost the Delhi Legislative Assembly Election held in December 2013 and of which several important leaders including the Ministers in central government and the former Chief Minster are facing serious corruption charges," the petition had alleged.

It termed the decision arbitrary, mala fide, illegal and a violation of the democratic rights of the citizens of Delhi.

It had said neither the BJP nor the Congress was in a position to form the government and they had expressed their unwillingness to do so.

The petition by AAP and Saurabh Bhardwaj, who was the Transport Minister in Kejriwal Cabinet, said the imposition of President’s rule denied the citizens of Delhi an elected popular government.

It had questioned the Constitutional validity of keeping the fifth Assembly of the NCT of Delhi under suspended animation by ignoring the categorical recommendation of the majority government to dissolve the House.

The President, while imposing President’s Rule under Article 239 AB (1) of the Constitution vide the impugned order had suspended the operation of clause 3(a), 4, 5 and 6 of Article 239 AA, which are special provisions with respect to Delhi and deal with powers of legislatures, council of Ministers etc.

“Apart from suspending some of the provisions of the Government of National Capital Territory of Delhi Act, 1991, the order however did not suspend the operation of the provision of clause 2 (a) of Article 239 AA, which provides that there shall be a Legislative Assembly, and thus, assumed power of legislatures, council of Ministers, etc, without suspending the Legislative Assembly,” the petition had said.