Saxena acting like a clan chief: Sisodia in assembly

Sisodia was speaking in the Delhi assembly and discussing the issues of appointment of nominated members to the MCD, and the presiding officer and Haj committee members by the LG

New DelhiTaking the Delhi government’s attack on the lieutenant governor (LG) a step further, deputy chief minister Manish Sisodia alleged in the state assembly session on Wednesday that LG VK Saxena was acting like a “clan chieftain” who does not believe in democracy or the Constitution or Supreme Court judgments.

Deputy chief minister Manish Sisodia in the Delhi Legislative Assembly in New Delhi on Wednesday. (HT Photo)

“LG has forgotten that he is not a clan chieftain (kabile ka sardar) in a tribal age. He has been made LG through constitutional provisions. He is acting like a tribal chieftain appointed by a bigger chieftain to torment the people of a tribe and to make their lives difficult,” Sisodia said while the assembly was discussing the issues of appointment of nominated members to the MCD, and the presiding officer and Haj committee members by the LG.

Holding a copy of the Constitution of India, Sisodia said it clearly states that municipal bodies and their affairs are dealt by the state government, not by the Centre. “This assembly gives funds for local governance; it is clearly a ‘transferred subject’ and we are empowered to take decisions. I would appeal to BJP members to make the LG understand that local governance is transferred subject,” he added, pointing towards Opposition benches.

Sisodia stressed this means the LG does not have power to appoint the 10 nominated members to the MCD on his own. “It can only happen in a tribal system that a leader can declare that all rights belong to him. The Constitution says that the elected government will send the names. LG can express his difference of opinion, but he had no right to nominate these people,” he added.

The LG’s office has refused to comment on the allegations.

The MCD’s inaugural house session was called on January 6, but shortly after the proceedings started, the house erupted into chaos with Aam Aadmi Party (AAP) and Bharatiya Janata Party (BJP) councillors coming to blows. AAP members were objecting to the 10 aldermen being administered the oath first by the presiding officer, Satya Sharma, who is a BJP councillor.

The LG has designated January 24 as the next date for continuing the proceedings.

Earlier, during the discussions over the resolution, BJP MLA and former leader of Opposition Vijender Gupta said that, as per the Delhi Municipal Corporation Act, MCD does not come under the Delhi government as an autonomous parallel municipal government. Gupta argued that the appointment of nominated members was LG’s prerogative as the “administrator” and there was no legal provision of taking suggestions from the government.

In response, Sisodia referred to a 1998 Supreme Court judgment. “Law says the administrator (will appoint nominated members) but the power to interpret these provision lies with the SC, and in 1998, the apex court in its Pahwa judgement clarified that the LG will act on aid and advice of elected government,” he added.

The Delhi government and the LG’s office have been at odds over who has the power to appoint aldermen and the presiding officer.

While the Delhi government has cited past precedent to ague in its favour, the LG office has argued that words like “Central Government”, “Government” and “Administrator” have been used in different provisions of MCD Act, which, indicates Parliament’s intent to identify the specific authority that will come into play in those contexts. The law, therefore, the LG office has claimed, has empowered the administrator -- in this case Saxena’s office -- to nominate 10 people to the corporation.