Reiterating its ruling by a five-judge constitution bench, the Supreme Court on Friday said that the Lieutenant Governor (LG) of Delhi has to act on the aid and advice of the Council of Ministers on the nomination of 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD).
A bench of Chief Justice D Y Chandrachud and Justice Pamidighantam Sri Narasimha S Narasimha told Additional Solicitor General Sanjay Jain “Why don’t you advise the Lieutenant Governor that he cannot nominate members in the MCD. He has to act as per the aid and advice of the government.”
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ASG Sanjay Jain appeared for the office of the Lieutenant Governor.
As the ASG sought to withdraw the affidavit filed by the office of LG earlier in the case, the bench permitted him to withdraw it in the wake of the top court’s judgement delivered on May 11. judgement.
The top court now posted the matter for hearing on May 16 and permitted the LG’s office to file a fresh response to the petition.
Earlier, senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, had said that Delhi government offices were sending the files directly to the office of the LG without first sharing them with the Delhi government.
After the Aam Aadmi Party (AAP) won the municipal elections, the LG appointed 10 ‘aldermen’ that were opposed by the Delhi government.
The petition of the Delhi government sought quashing of order dated January 3 and 4 whereby the LG nominated 10 persons as nominated members of the MCD.
