Setback for Kejriwal: LG not bound to act as per advise of Delhi govt, rules HC
NEW DELHI: In a big setback to Chief Minister Arvind Kejriwal, who is engaged in a bitter power struggle with the Centre, the Delhi High Court on Thursday ruled that the Lieutenant Governor is not bound to act as per the advise of the state cabinet.Ruling in favour of the central government, the high court made it very clear that policing, law and order will remain with the Centre.
The high court passed the order in connection with the ongoing legal wrangling between the Delhi Government and the Centre over control of administrative issues and distribution of power in the national capital.Delhi High Court further said that the ”Council of Ministers cannot take decision without referring to Lt Governor first.”
Article 239 continues to remain applicable and that makes Delhi a Union territory, the High Court said in its order.High Court held that no action can be taken by the Anti-Corruption Bureau (ACB) against central government officials.We will approach the apex court, the Delhi government said minutes after the devastating high court ruling.
The High Court pronounces the verdict on a set of 11 petitions challenging various decisions of the Aam Aadmi Party (AAP) led-Delhi Government and Lieutenant Governor Najeeb Jung, and the interpretation of Article 239 AA of the Constitution.It has been alleged by Chief Minister Arvind Kejriwal-led Government that it has been unable to function as most of its decisions are either annulled or changed by the Centre at the behest of the Lieutenant Governor on the ground that Delhi is not a complete state.
On May 24, the High Court had reserved its verdict on the plea of the Delhi Government seeking a stay on the proceedings on the petitions arising out of its standoff with the Lieutenant Governor over powers to appoint bureaucrats in the national capital and other issues.
