In this writ petition, the Court set aside an order appointing Delhi Legislative Assembly members as Parliamentary Secretaries because it failed to communicate the decision to the Lieutenant Governor as mandated under Article 239AA, relying on a prior judgment.
The impugned order dated 13.03.2015 is set aside. The writ petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~3
RASHTRIYA MUKTI MORCHA ..... Petitioner Through Mr. Vijay Chaudhary, Adv.
Versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr. Sudhir Nandrajog, Sr. Adv. with Ms. Prabhsahay Kaur, Adv. for R-1 to R-3. Mr. Sanjay Jain, Sr. Adv. with Mr. Jasmeet Singh, CGSC, Mr. Srivats, Aastha Sharma, Mr. Sarfaraz Ahmad, Ms. Ruchi Jain and Mr. Rajul Jain, Advs. for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
W.P.(C) No.4714/2015 Page 1 of 2
"It is mandatory under the constitutional scheme to communicate the decision of the Council of Ministers to the Lt. Governor even in relation to the matters in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under clause (3)(a) of Article 239AA of the Constitution and an order thereon can be issued only where the Lt. Governor does not take a different view and no reference to the Central Government is required in terms of the proviso to clause (4) of Article 239AA of the Constitution read with Chapter V of the Transaction of Business of the Government of NCT of Delhi Rules, 1993."
The writ petition is accordingly allowed. No costs.
CHIEF JUSTICE
SANGITA DHINGRA SEHGAL, J.
SEPTEMBER 08, 2016/ VLD
W.P.(C) No.4714/2015
Page 2 of 2
3 issues framed by the court
Whether an order appointing Members of Delhi Legislative Assembly as Parliamentary Secretaries without communicating to the Lieutenant Governor is valid under Article 239AA.
Whether the issue regarding non-communication to the Lieutenant Governor is covered by the earlier judgment in W.P.(C) No.5888/2015.
Whether the impugned order appointing Legislative Assembly members as Parliamentary Secretaries should be set aside due to lack of communication to the Lieutenant Governor.
Colour shows how this judgement treated each authority
W.P.(C) No.5888/2015 and batch titled Government of NCT of Delhi v. Union of India & Ors.Referred¶13
2 provisions across 2 enactments
RASHTRIYA MUKTI MORCHA
GOVT. OF NCT OF DELHI
SANGITA DHINGRA SEHGAL
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
