Delhi HC quashes appointment of 21 AAP MLAs as Parliamentary Secretaries
Delhi HC quashes appointment of 21 AAP MLAs as Parliamentary Secretaries [Polity]
The Delhi High Court set aside AAP government’s order appointing 21 MLAs as Parliamentary Secretaries since it lacked the approval of Lieutenant Governor (LG), the administrative head of Delhi.
The court order came after the AAP government conceded that since the order was passed without the approval of the LG, it went against the August 4 order of the High Court holding the LG’s approval to be mandatory.
Bench was hearing petition by NGO Rashtriya Mukti Morcha seeking scrapping of the appointments for being “unconstitutional, illegal and without jurisdiction.”
The AAP government had earlier challenged the petition. It said the appointments were made for smooth functioning of the government.
Having considered the very same issue in petition titled Government of NCT of Delhi v. Union of India & Ors in a judgment dated August 4, this court held that 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 matter in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under 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.”
The Election Commission had also reserved its order in a petition seeking disqualification of the MLAs for holding the post of Parliamentary Secretaries which was contended to be “office of profit.”