NEW DELHI: In a major setback to the Arvind Kejriwal government, the Delhi High Court on Thursday set aside its order appointing 21 MLAs as parliamentary secretaries on the ground that the order was issued without the concurrence of the Lieutenant Governor.
Interestingly, the Delhi government’s counsel also conceded before the court that the order was issued against the consent of Lieutenant Governor and hence was “illegal.”
With the High Court order, it is now clear that all the 21 legislators can no longer discharge their duties as the parliamentary secretaries.
Another petition seeking disqualification of these legislators for allegedly holding office of profit in violation of the rules is under the active consideration of the Election Commission.
Once the poll body gives its opinion on the plea, the matter will be referred to President Pranab Mukherjee who will take a final call on the contentious issue.
In the High Court, a bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal set aside the March 13, 2015 order after the Delhi government counsel conceded that it was issued without taking concurrence of the L-G.
Scrapping the government’s order, the court asserted that it was mandatory to take prior approval from the L-G even if the matters are cleared by the Delhi Cabinet.
The court noted that it found force in the submission of the learned counsel of the petitioners. The order came around a month after the court had on August 4 held that the L-G was the administrative head of the Union territory of Delhi and his concurrence was mandatory in administrative issues.
Advocate Sudhir Nandrajog, appearing for the Delhi government, referred to the August 4 verdict and said, “I have to concede that the judgement stands against me (Delhi government).”
Mr Nandrajog said that the March 13, 2015 order, appointing 21 MLAs as parliamentary secretaries, was issued without taking the concurrence or view of the L-G.
