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Supreme Court asked in the matter of nominating 10 members to the Municipal Corporation of Delhi – how can the Lieutenant Governor act without the aid and advice of the Council of Ministers. The apex court had earlier issued a notice on the petition of the Delhi government. It gave 10 days time to the Lieutenant Governor’s office, on the request of Additional Solicitor General Sanjay Jain, to file a reply to the petition seeking cancellation of nomination of 10 members.
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A bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala said, how can the Lieutenant Governor take decisions without the aid and advice of the Council of Ministers? This is done on the aid and advice. The Additional Solicitor General said at the outset that the amendment to Section 44 of the GNCTD Act (Government of National Capital Territory Act) was done following the 2018 judgment of a constitution bench of the apex court.
The Delhi government opposed the representation of the Solicitor General.
In view of the amendment, a notification was issued, which has been challenged in a separate petition, the law officer said. He said that reply will be filed through affidavit. Senior advocate AM Singhvi, appearing for the Delhi government, opposed the submission of the Additional Solicitor General. The bench said that it will list the petition. Earlier, the apex court had sought response from the office of the Lieutenant Governor on the petition.
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