New Delhi, February 24
The Supreme Court today issued notice to the Centre seeking its response to Aam Aadmi Party’s (AAP) plea for immediate dissolution of the Delhi Assembly, kept under suspended animation following Chief Minister Arvind Kejriwal’s resignation on February 14, and holding of fresh election.
A Bench comprising Justices RM Lodha and Dipak Misra asked the Centre to file its response within ten days and posted the next hearing for March 7. Arguing for AAP, senior advocate Fali S Nariman contended that the Centre should have dissolved the assembly as the BJP, the single largest party with 32 seats in the 70-member House, had clarified immediately in the wake of the AAP government quitting that it was not interested in attempting to mobilise majority and would rather prefer fresh poll.
The Centre’s decision to impose President’s Rule was unconstitutional as the outgoing Kejriwal government had recommended dissolution of the Assembly, he pleaded.
In its petition, AAP has named the BJP and the Congress as respondents, but the SC Bench refused to issue notice to them as the issue involved only Constitutional provisions. Further, the court said it did not want the petition to turn into a “political contest.”
The Union Cabinet and Delhi’s Lieutenant Governor “don’t have any residual discretion” to keep the hung House in suspended animation, ignoring Kejriwal government’s recommendation, Nariman argued.
According to the petition, the imposition of President’s Rule on February 16 was a political move to frustrate the probe ordered against former CM Sheila Dikshit and others in graft cases relating to the Commonwealth Games.
Source Link: http://www.tribuneindia.com
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