LG should act as per advice of council of ministers: HC told

The Delhi government on Wednesday told the high court that Lt. Governor Najeeb Jung was not the elected representative and has to act on the aid and advice of the council of ministers.

A division bench of Chief Justice G. Rohini and Justice Jayant Nath was informed by the city government that under the constitutional provisions and transaction of business rules Lt. Governor was required to act on the aid and advice of the council of ministers.

Senior advocate Dayan Krishnan appearing for Delhi government told the court that the Lt. Governor was not the elected government in Delhi, state government means government of NCT of Delhi.

Krishnan further submitted that as per article 239 AA (4) Lt. Governor does not have the jurisdiction over matters connected with appointments and transfers to key bureaucratic posts in the Delhi government.

He cannot decide who should posted and where, Krishnan said, adding that the proviso to the constitution's article 239-AA (4) gives "equal weightage" to the opinion of the chief minister or other ministers as to the opinion of the Lt. Governor.

The court was hearing a bunch of pleas on the powers of the Lt. Governor, Anti-Corruption Branch (ACB) as well as the constitution of Commission of Inquiry by the Delhi government to probe into the alleged CNG fitness scam.

The court posted the matter for hearing on October 6.