Delhi HC agrees to hear plea filed against CM's stir
The plea submitted that taxpayer's money was being wasted for the constitutional bargain by Mr Kejriwal from the L-G.
New Delhi: The Delhi high court on Thursday agreed to hear on 18 June a plea seeking to declare the sit-in by chief minister Arvind Kejriwal and his cabinet colleagues as unconstitutional and illegal. The petition was mentioned before Justice C. Hari Shankar, who said that it will be listed for hearing on Monday.
The plea filed by petitioner, Hari Nath Ram, sought direction for discharging the chief ministerial obligations and responsibilities as the entire functioning of the chief minister office has been brought to a “stand still” ever since the sit-in started.
The petition, filed through advocates S.D. Sudhi and Shashi Bhushan, sought the court’s direction to the government to declare the sit-in called by Mr Kejriwal and his cabinet colleagues as unconstitutional and illegal.
The plea submitted that taxpayer’s money was being wasted for the constitutional bargain by Mr Kejriwal from the L-G.
“It is settled position of law that L-G has special power in respect of the NCT of Delhi. Mr Kejriwal is flouting the fundamental law of the country despite having taken an oath under the Constitution of India.
It is a settled law that the person who had taken the oath under the Constitution of India, is enjoined to follow the constitutional postulates and mandates.
The plea also held “However, Mr Kejriwal is not holding administrative works, which is his main function,” the plea claimed. It added that the sit-in stopped all public works for the purpose of acceptance of demands by the strikers. Also, there was no statutory or legal provision empowering Mr Kejriwal to go on the sit-in.
Mr Kejriwal and his ministers have been staging a sit-in at lieutenant-governor (L-G) Anil Bai-jal’s office since June 11 evening to press for their demands, including a direction to IAS officers to end their “strike” and act against those who have struck work.
To press for the demands, deputy chief minister Manish Sisodia and health minister Satyender Jain too are on an indefinite hunger-strike. The AAP protestors also want Mr Baijal to approve the proposal for doorstep delivery of ration.
Mr Kejriwal has said they will not leave the L-G office until their demands are met. The Aam Aadmi Party (AAP) has threatened to stage a “dharna” at the Prime Mimnioster’s Office on Sunday if a solution to the impasse was not found this week.