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Business News/ Politics / Policy/  AAP govt to move SC in a week, challenging HC order on who runs Delhi
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AAP govt to move SC in a week, challenging HC order on who runs Delhi

AAP govt to challenge the Delhi HC ruling, holding the Lieutenant- Governor as the administrative head of the state, before the Supreme Court within a week

The court did not indicate a next date of hearing. Photo: Mint Premium
The court did not indicate a next date of hearing. Photo: Mint

New Delhi: The Delhi government told the Supreme Court on Friday that the Delhi High Court ruling holding the Lieutenant- Governor (L-G) as the administrative head of the state will be challenged before the apex court within a week.

The issue came up when a bench comprising justices A.K. Sikri and N.V. Ramana were hearing a suit filed by the Delhi government in June seeking a declaration from the court on Delhi’s statehood.

Attorney General Mukul Rohatgi, however, pointed out that there cannot be parallel hearings on the issue.

“The suit for declaration and the appeal against the high court verdict have to go together," he said.

On Thursday, the Delhi High Court settled the question of who wields real power over the national capital territory (NCT) of Delhi, backing the L-G, the Central government’s nominee in the city state, over the elected government.

The high court emphasized the administrative capacity of the L-G while ruling that Delhi continues to be a Union territory under the Transaction of Business Rules despite Article 239 AA of the Constitution making some special provisions with respect to Delhi.

Also Read: L-G is the head of administrative power in Delhi, rules HC

In accordance with this, a batch of cases where an inquiry was initiated by the Aam Aadmi Party (AAP) government without the concurrence of the L-G was dismissed and held illegal.

The centre had claimed that under Article 239 AA, which carved out special provisions for Delhi, it was a Union territory. The office of the L-G is different from that of a governor as he is the executive head of the state, it maintained.

The Delhi government contended that the L-G could not have the discretion of taking independent decisions and had to take the advice of the council of ministers in matters regarding land, police and public order.

While Delhi’s L-G Najeeb Jung termed the verdict historic, several AAP leaders expressed their discontent with the ruling.

The court did not indicate a next date of hearing.

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Published: 05 Aug 2016, 12:11 PM IST
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