NEW DELHI, July 4: The Supreme Court today referred to its Constitution bench the contentious issue of deciding the demand for dissolution of Delhi Assembly raised by the Aam Aadmi Party (AAP) while making it clear that Lt Governor was free to take a call on Government formation.
“The pendency of writ petition would not be an impediment for the LG to take any decision,” a bench headed by Chief Justice R M Lodha said while posting the matter before a five-judge Constitution bench for hearing on August 5.
“We are of the view that important constitutional question has been raised in the matter and needs to be heard by a five-judge Constitution bench,” the bench, also comprising justices M B Lokur and Kurian Joseph said.
The order was passed after an hour-long hearing during which AAP accused the BJP of trying to engineer defection and horse trading for Government formation while the Centre said that “the situation is still fluid” and it is for the LG to take a call whether any party can stake claim for Government formation in Delhi.
The new Government at the Centre joined hands with the BJP to oppose the AAP’s petition challenging the imposition of President’s Rule in Delhi following the resignation of Arvind Kejriwal’s 49-day minority Government.
“What is the right of the minority Government which has resigned for seeking relief? Once minority Government resigns, no remedy is available to it and it cannot ask for dissolution of the Assembly,” Additional Solicitor General P S Narasimha submitted while stressing that it was too early to demand for dissolution of the House and forcing election on people.
Senior advocate Ashok Desai, appearing for the BJP, said that AAP was changing its stand on the issue and the question is “can the court be dragged into political dispute?”
He said the country has already entered into the era of coalition politics and though the three main political groups here cannot see each other eye-to-eye, the possibility of some structural formation for Government formation cannot be ruled out.
The submission of the Centre and the BJP came after senior advocate Fali S Nariman, appearing for AAP, said dissolution of Assembly was necessary, particularly in view of the changing scenario after the Lok Sabha elections after which the Congress categorically ruled itself out of supporting any political party for Government formation.
He, however, alleged that “BJP has been inducing some MLAs of AAP for defection” and now “there is no justification for not dissolving the House”.
Nariman said the dissolution of Assembly was needed more so when three of the MLAs have become MPs and BJP has been reduced with 28 MLAs like the AAP which also has 28 MLAs.
He was later joined by senior advocate Shanti Bhushan, who said “today even a blind person knows that government cannot be formed and dissolution of Assembly is the only way out”.
“Defection cannot be allowed,” he said. AAP had filed an affidavit in which there was allegation of horse trading against BJP.
However, it was opposed by Desai and advocate Amna Sinha, who is also a party spokesman. They said AAP was levelling “wild allegations” and they would like to file objections.
Later, the AAP withdrew the affidavit.
The apex court said BJP’s objections on maintainability of the petition would be heard by the Constitution Bench.
The petition filed by AAP had sought a direction to the LG to dissolve Delhi Assembly and hold fresh polls along with Lok Sabha elections.
It has challenged the decision to impose President’s rule in Delhi on the recommendation of LG Najeeb Jung alleging that it was done to protect Congress leaders and former Chief Minister Sheila Dikshit from corruption charges.
It has contended that the February 16 order imposing President’s rule was with a motive to frustrate the ongoing investigation in those corruption cases in which FIR has been lodged by the Arvind Kejriwal Government.
The petition has said the order to impose President’s rule was “illegal, arbitrary and in violation” of Article 14 of the Constitution as after the resignation of Arvind Kejriwal Government neither BJP nor Congress were in a position to form the Government and they had already expressed their unwillingness in this regard.
It has further raised constitutional questions to keep the assembly under suspended animation by ignoring the categorical recommendation of the majority Government of the NCT of Delhi for dissolving the House.
The petition has said that imposition of President’s rule has denied the citizens of Delhi their democratic right to have an elected popular Government.
“The President of India while imposing President’s rule under Article 239 AB (1) of the Constitution vide the impugned order suspended operations 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 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 Legislative Assembly,” it has said.
“In the present case, it was incumbent on the President, after assuming to himself all the powers of the LG to himself, of course with aid and advice of the Council of Ministers, to exercise the power to dissolve the Assembly especially since there was no possibility whatever of the formation of any other Government since other main political parties (viz. BJP and Congress) have already expressed their unwillingness and inability to form a Government,” it has said. (PTI)
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