HC sets aside 21 AAP MLAs’ appointment as parliamentary secretaries in Delhi government

NEW DELHI: The Delhi high court quashed on Thursday the appointment of 21 A am Aadmi Party (AAP) lawmakers as parliamentary secretaries after the city government

NEW DELHI: The Delhi high court quashed on Thursday the appointment of 21 A am Aadmi Party (AAP) lawmakers as parliamentary secretaries after the city government conceded that the decision was taken without the lieutenant governor’s approval.

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The decision follows the high court’s verdict on August 4 that the lieutenant governor’s (L-G) approval is mandatory on administrative issues since he heads the Delhi administration.

The court’s order was a setback for the Arvind Kejriwal government in its power tussle against the L-G, who reports to the Centre, his appointer.

The Kejriwal government challenged the high court order in the Supreme Court, which will hear the case on Friday.

The high court verdict came on a petition by an NGO, Rashtriya Mukti Morcha, seeking scrapping of the order. The government said on Thursday it won’t challenge the petition, prompting a bench of chief justice G Rohini and justice Sangita Dhingra Sehgal to set aside the appointments.

However, the government will defend in the top court the decision to appoint the 21 officials to assist different ministries after coming to power in February 2015.

The AAP government argued that the public exchequer won’t be burdened since the secretaries will not receive any pay or perks, other than transport for official purposes. The no-pay argument is viewed as a strategy to escape a legal trap that bars lawmakers from holding positions that offer a salary or benefits.

The Centre called the move unconstitutional and the President refused to sign the bill that ratified the appointments, which are considered office of profit.