Case to remove DDC vice chairperson sent to Prez, LG tells high court

LG Saxena, said that in wake of the pendency of the matter with the President, all parties should wait for the decision

Delhi lieutenant governor (LG) VK Saxena on Tuesday told the Delhi high court that since there was a difference of opinion between his office and the Aam Aadmi Party government in Delhi over the removal of Jasmine Shah, vice-chairperson of the Dialogue and Development Commission of Delhi, the matter has been referred to the President of India for a final decision.

Delhi LG Vinai Kumar Saxena. (File)

Shah had moved court challenging the sealing of his office on November 17 by SDM Civil Lines, following an order from the Delhi government planning department. The Planning department is the parent body of the DDC. In October, Shah was served a notice after BJP MP Parvesh Verma lodged a complaint with the LG office alleging that Shah was using his office for political activities like attending political debates on TV on behalf of the AAP.

Responding to Shah’s plea, the LG further said that chief minister Arvind Kejriwal, despite knowing that the matter has been referred to the President, on December 8 recalled the order by which Shah was restrained from discharging his duties at DDC.

In a joint affidavit filed with the Director (Planning) of the Delhi government, Sub Divisional Magistrate (Civil Lines), the LG told justice Prathiba M Singh that the chief minister proceeded to summarily decide it on merits despite being aware that the issue was now required to be decided by Rashtrapati Bhavan.

In his order on December 9, the chief minister asked the planning department to recall the order on the basis of which Shah’s office was sealed.By dint of being CM, Kejriwal is the chairman of the government think tank.

Saxena, in the affidavit, said that in wake of the pendency of the matter with the President, all parties should wait for the decision.

“It is submitted that the matter is presently under consideration by the President of India in accordance with the procedure enshrined under Article 239AA of the Constitution and until the president of India returns a decision upon the matter, it would be prudent for all the parties before this court to take no further action in the matter,” the affidavit said.

Article 239AA (4) of the Constitution provides that in case of difference of opinion between the LG and his ministers, the former shall refer such matter to the President of India and shall act accordingly to the decision given by the President

The matter was adjourned for January 9.

On the last date, the city government had informed the court that it had taken a decision to rescind the orders passed by the LG on Shah’s removal. After additional solicitor general (ASG) Sanjay Jain had objected to the submission, the court granted time to the LG to file his counter affidavit to Shah’s plea.

In response, the LG has said that deputy chief minister Manish Sisodia, also the minister-in-charge made a noting on November 26 on the file of Shah’s removal, saying that he is not a civil servant and hence there was no bar on him from attending political activities of the party.

Sisodia also noted that LG has no powers or jurisdiction over the functioning of the DDCD, while adding that the orders were “illegally” passed without the aid of the council of ministers of the Delhi government. He directed to rescind both the orders and sent the file to the chief minister for approval, who on the same day approved it.

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