Delhi LG did not follow proper procedure in referring matter to President: Jasmine Shah tells Delhi High Court

Aam Aadmi Party (AAP) leader Jasmine told the Delhi High Court on Thursday that Lieutenant Governor (LG) Vinai Kumar Saxena did not follow the proper procedure while referring the dispute regarding his removal from the Dialogue and Development Commission of Delhi (DDCD) office to the President of India..The submissions were made by Senior Advocate Rajiv Nayar before Justice Prathiba M Singh, who was hearing Shah’s plea challenging the LG’s order restricting him from discharging the functions of the Vice-Chairman of DDCD.The LG had written to Chief Minister Arvind Kejriwal on November 17, 2022 requesting him to take action to remove Shah from the office. As an interim measure, the LG restricted Shah from discharging his functions as VC.However, on November 26, Deputy Chief Minister Manish Sisodia – the minister in-charge of the department - disagreed with the LG’s order and the same stand was taken by the Chief Minister as well. The Delhi government then directed the Planning Department to rescind the orders restraining Shah.On December 8, Kejriwal ordered the Planning Department to recall the November 17 orders of the LG..Nayar argued today and said that as per the judgment of a Constitution Bench of the Supreme Court and the Transaction of Business of the Government of National Capital Territory of Delhi Rules, the LG should have referred the matter first to the Council of Ministers.He said that as per the Rules, if there is any difference of opinion between the LG and the minister concerned, the LG shall first endeavour to settle any point of difference by discussion. If the difference of opinion persists, the LG should direct the matter to be referred to the Council of Ministers and then to the President, the Court was told.“Justice DY Chandrachud’s concurring opinion in the Constitution Bench judgment says that the difference of opinion cannot be a contrived difference. The Bench has said that the course of action mandated in the transaction of business rules must be followed... It is only after the consultation with the council of ministers that the matter goes to the President,” Nayar argued.The senior counsel also said that the LG has no powers to pass any orders restricting Shah or sealing his offices. He asserted that the powers to make such an appointment rest only with the Chief Minister. He added that even the LG’s order recognises this, and thus, in terms of Kejriwal’s orders of December 8, Shah’s position ought to have been restored..Nayar has concluded his arguments in the matter. The Court will now hear the case on March 15 when Additional Solicitor General Sanjay Jain will make his submissions for the LG..As reported earlier, action was taken against Shah after BJP MP Parvesh Singh Verma lodged a complaint alleging that while working as the Vice-Chairman of Delhi government think-tank DDCD, Shah “acted as official spokesperson of AAP for political gains, in violation of established procedures."In an affidavit, the Planning Department told the High Court that the matter has been referred to the President due to the difference of opinion between LG Saxena and CM Kejriwal.It was also stated that in exercise of powers under Article 239AA of the Constitution, the LG has ordered that Shah will not be allowed into the DDCD office till the President takes a call on the issue..Advocate Chirag Madan assisted Nayar.ASG Jain along with Advocates Arkaj Kumar, Padmesh Mishra and Tanya Aggarwal appeared for the LG, the Planning Department and the local Sub-Divisional Magistrate.Advocates Santosh K Tripathi, Arun Panwar and Mahak Rankawat appeared for the Delhi government.