Decision soon on Delhi government formation, SC told

New Delhi : The Supreme Court was informed Friday that a decision on the political stalemate over government formation in Delhi would be taken soon as Lt. Governor Najeeb Jung’s report on the prevailing political situation is under consideration of the government.

The Delhi assembly is under suspended animation from Feb 17 following a Presidential proclamation after the resignation of Arvind Kejriwal’s government Feb 14. While quitting, the Kejriwal government had recommended dissolution of Delhi assembly and holding of fresh elections.


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“Lt. Governor has submitted a report to the President. It is under consideration of the President and some decision will be taken”, Solicitor General Ranjit Kumar told the apex court constitution bench comprising Chief Justice H.L.Dattu, Justice J. Chelameswar, Justice A.K.Sikri, Justice R.K.Agrawal and Justice Arun Mishra.

The Solicitor General said this as he sought adjournment of the constitution bench hearing saying the Additional Solicitor General P.S. Narsimha representing Delhi government could not be present in the court for some personal reasons.

As the court directed the next hearing of the matter Oct 28, the Solicitor General Ranjit Kumar said that some decision on the Lt. Governor’s report on the formation of Delhi government will be taken by then.

The constitution bench is hearing a plea by the Aam Admi Party challenging the Feb 17 decision of the Centre to place the Delhi assembly under suspended animation.

The apex court in the last hearing of the matter Sep 9 had given the Centre a month’s time to decide on the formation of government in Delhi.

The court had given one month time as Narsimha had told the court that the Lt. Governor had written to President Pranab Mukherjee on exploring the options for the formation of the government. While giving the Centre a month’s time the court had said that it was not going to wait for long and keep the matter pending.

Narsimha had informed the court about the Sep 4 letter written by Jung to the President seeking to explore the possibility of forming the government by inviting the single largest party in Delhi assembly– the BJP.

Though BJP is the largest party in Delhi assembly, it is well short of the majority mark.

BJP had won 32 seats in the assembly election in December 2013 that also included one belonging to its ally, the Akali Dal. However, its strength came down to 28 after three of its MLAs –Harsh Vardhan, Ramesh Bidhuri and Pervesh Verma– were elected to the Lok Sabha.

AAP, which had 28 seats, formed the government with the support of Congress. However, AAP’s present strength is 27 after the expulsion of its MLA Vinod Kumar Binny.

In an earlier hearing of the matter, the court had blamed the government for the situation where elected representatives were not doing anything and yet getting paid.

The next hearing of the matter would take place October 28 by which time Solicitor General Ranjit Kumar said that the President would take decision on Lt. Governor’s report.

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