'PM, CMs will become irrelevant': Kejriwal writes to LG over MCD appointments

Delhi LG Vinai Kumar Saxena nominated 10 people to the corporation’s legislative body, which AAP termed illegal saying that the Delhi government has been completely bypassed by the LG office.

Delhi chief minister Arvind Kejriwal wrote to lieutenant governor Vinai Kumar Saxena seeking clarification over his official position on the term “LG/Administrator” used in the Delhi Municipal Corporation Act, a day after the MCD House was adjourned before the election of the mayor due to ruckus over oath-taking. Kejriwal said he came across a statement issued by the LG office in which it was said the ten aldermen and the presiding officer for the election of the mayor were “directly appointed…without the involvement of the elected government" because the relevant provisions of the DMC Act say “Administrator shall appoint...”.

Delhi lieutenant governor Vinai Kumar Saxena being greeted by AAP convenor and Delhi chief minister Arvind Kejriwal at an event at Raj Nivas in New Delhi. (ANI File photo)

"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, Hon'ble LG shall, from now onwards, exercise powers eo-nominee and in his own discretion, directly, ignoring the elected govt.?" the letter read.

"If that be the case, then the elected govt. 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." it added.

On Wednesday, Saxena nominated 10 people to the corporation’s legislative body, often referred to as Aldermen. AAP termed the nominations illegal, saying that the Delhi government has been completely bypassed by the LG office. The LG office, however, rejected the AAP’s charges.

An official in the LG office said, “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.”

Citing previous “Supreme Court judgements”, Kejriwal argued that the LG is bound by aid and advice of council of ministers on all but three reserved subjects.

"DMC Act is a transferred subject and even if the words used in the Act are "LG/Administrator", LG is bound by aid and advice of Council of Ministers on this subject," he said.

The chief minister further stated that Sec 21(3) of the Government of National Capital Territory of Delhi defines Govt as “LG", seeking clarfication from Saxena whether he will be running the Delhi government directly bypassing the elected government on all transferred subjects.

"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."