The Supreme Court came down heavily on the LG and reserved its decision on the AAP government’s plea against the appointment of ten aldermen in the MCD by Lieutenant Governor VK Saksena without the aid and advice of Delhi’s Kejriwal government’s cabinet. While reprimanding, Chief Justice DY Chandrachud also brought the Modi government at the Center to the dock. He said whether the nomination of people having special knowledge in the local body is such a big concern for the central government?
In his statement, Chief Justice DY Chandrachud said “With the right to nominate, the LG can destabilize a democratically elected MCD! After all, the Alderman has the right to vote. That is, if the Lt. Governor will decide the appointment of the Alderman, then it will be a violation of the right of the democratically elected MCD.
Significantly, in this regard, the apex court has ordered the Kejriwal government of Delhi and the LG office to submit written arguments.
AAP government gave this argument
Reports suggest that during the last hearing, advocate Abhishek Manu Singhvi, appearing for the AAP government, argued that for the last 30 years the alderman has been appointed by the Delhi government and the LG was merely an advisor. However, this time it has happened for the first time that LG has appointed an alderman and it is against the rule. It was also said that even before today, Delhi had different governments at the center and in the state. However, it never happened that the LG appointed an alderman.
LG gave this statement
On the other hand, LG says that his decision is correct and the state government does not have the right to appoint alderman in Municipal Corporation of Delhi. The LG cited Article 239AA and said that there is no need to take the advice of the cabinet.
Let us tell you that recently the Supreme Court had given its verdict on the ongoing dispute between the Delhi Government and the Lieutenant Governor. The top court had said that the right of transfer and posting of civil servants in Delhi should be with the elected government. In this historic decision, it was clearly said that except for land, police and law and order, Lieutenant Governor VK Saksena cannot take any decision.