SC asks Centre to reply on fate of Delhi Assembly by Oct 10

Court to tackle issue of 'horse-trading' in next hearing

The Supreme Court today asked the Centre to apprise it by October 10 about the outcome of political process initiated by Lt Governor by writing a letter to the President on exploring the possibility of government formation in Delhi.

 

A five-judge Constitution Bench, headed by Justice H L Dattu, said that it is not going to keep this matter pending for a longer period of time and asked the Centre to inform it about the decision to be taken by the President of India on the LG's letter.

 

"What is the possible time by which his Excellency would take a decision?" the bench asked Additional Solicitor General (ASG) P S Narsimha, who was appearing for the Centre.

 

At the outset of the hearing, the ASG referred to the letter written by Lt Governor Najeeb Jung on September 4 to the President seeking to explore the possibility of government formation in Delhi.

 

In his letter to the President, the LG had sought permission to call the single largest party (BJP) to take a shot at power though it is well short of majority in the Assembly.

 

Senior advocate Fali S Nariman and advocate Prashant Bhushan, appearing for Aam Aadmi Party (AAP), raised the issue of horse-trading by BJP for getting the numbers to form the government in Delhi.

 

The bench, however, said that it will not take on record the additional affidavit filed on this issue by AAP and asked Nariman to wait till October 10.

 

Referring to the LG's letter to the President, the ASG said that the political process has started again to explore the possibility of government formation in the national capital and four more weeks be granted for the same.

 

On August 5, the apex court had given five weeks' time to the Centre to take a decision on dissolution of the Delhi Assembly "one way or another", questioning it for continuing to keep the House in suspended animation when no party was coming forward to form the government.

 

The bench had also asked why the MLAs should be paid from taxpayers' money for sitting idle when the Assembly had been kept in suspended animation.

 

On the petition filed by AAP seeking dissolution of the Assembly, the bench had asked the Centre what steps it has taken to explore the possibility of government formation during the last five months.