NEW DELHI: Delhi Chief Minister Arvind Kejriwal on Saturday wrote a letter to Lieutenant Governor Vinai Kumar Saxena over the ‘conflict of powers’ and sought clarification over his official position on the term
“LG/Administrator” used in the Delhi Municipal Corporation Act and said that the elected governments — PM, CMs across India will become irrelevant if ‘Administrator’ is defined as the president or governor.
Arvind Kejriwal wrote to LG a day after the MCD House was adjourned before the election of the mayor due to ruckus over oath-taking.
In his letter, CM Kejriwal said, “I have come across a statement issued by your office today which says that since it is written in the relevant provisions of DMC Act that “Administrator shall appoint…”, therefore, the ten aldermen and the presiding officer for election of Mayor were directly appointed and got notified by your good self without the involvement of the elected government.”
Quoting LG Office statement, CM Kejriwal further said, “Sir, can we assume that this is your official position that wherever in any law or Constitution, it is written that “LG/Administrator shall…” or wherever government has been defined as “LG/Administrator”, in all those cases, LG shall, from now onwards, exercise powers eo-nominee and in his own discretion, directly, ignoring the elected govt.?”
He said that as per various Supreme Court judgements, LG or Administrator is bound by aid and advice of the Council of Ministers on all but three reserved subjects.
“If that be the case, then the elected government of Delhi will become irrelevant because practically in every law and every provision, the word used is “Administrator/LG” and the Council of Ministers works in the name of LG/Administrator.
As per various SC judgements, LG/Administrator is bound by aid and advice of Council of Ministers on all but three reserved subjects,” Kejriwal said.
Earlier on Wednesday, Saxena nominated 10 people to the corporation’s legislative body, often referred to as Aldermen.
“The DMC Act empowers LG to nominate the Aldermen. Moreover, after the 2022 amendment, the word ‘government’ in the DMC Act has been replaced with ‘central government’. In any case, the suggestion from the state government or consulting them on this matter in not binding on LG.
If they think the step is illegal and unconstitutional then why don’t they approach courts instead of making frivolous statements,” the LG office had said in a statement.
Referring to the Delhi Municipal Corporation (DMC) Act, the Chief Minister said that for the last thirty years, powers under this Act and under these provisions were always exercised by the Council of Ministers.
“DMC Act is a transferred subject and even if the words used in the Act are “LG/Administrator”, LG is bound by the aid and advice of the Council of Ministers on this subject.
The statement issued from your office states that since the words used in DMC Act are “LG/Administrator”, therefore, you exercised those powers directly and kept the elected government away. Since last thirty years, powers under this Act and under these provisions were always exercised by Council of Ministers,” he said.
He further asked, “Clarify whether from now on, wherever in any law or Constitution, it is written that “LG/Administrator shall…” or wherever government has been defined as “LG/Administrator”, in all those cases, LG shall exercise powers eo-nominee and in his own discretion, directly, ignoring the elected govt.?”
Kejriwal also referred GNCTD Act and said that Section 21(3) of the GNCTD Act defines government as “LG”.
“Does this mean that from now on, you will run the Delhi government directly bypassing the elected government on all transferred subjects also? Kindly clarify,” he added.
“If that position is taken, then the Prime Minister of India and all Chief Ministers will become irrelevant because, in all the laws and Constitution, the words used are President/Governors and not Prime Minister/Chief Minister.
This is an extremely important subject and the people of Delhi at large would like to know what is your understanding of this subject?” CM concluded.
He also questioned LG on Haj Committee and said, “The statement issued from your office is silent on how did you directly constitute Haj Committee bypassing elected govt.? Kindly clarify.”
Lieutenant Governor on Friday included a councillor from Congress in the Delhi Haj Committee, a move that came after the ruling Aam Aadmi Party alleged a nexus between the BJP and Congress ahead of the Mayoral polls.
According to a notification issued by the Delhi LG, six members were included in the Committee including BJP MP Gautam Gambhir, AAP MLAs Haji Yunus and Abdul Rehman, newly elected Congress councillor Naziya Danish, Mohammad Saad and Kausar Jahan.(ANI)