AAP govt notifications without LG approval illegal: HC

The AAP government's decisions to go for probe into the CNG fitness scam and alleged irregularities in DDCA when Finance Minister Arun Jaitley was at its helm, were today held as illegal by the Delhi High Court which said these were without the approval of the LG, who is the administrative head of the national capital.
The Delhi government's decision to set up a commission to probe the CNG fitness scam, in which former CM Sheila Dikshit was also named, was challenged by two former transport department officials, and the Centre, contending that only the LG could have taken such an action.

Apart from its decision to set up the two commissions of inquiry, the Delhi government's move to appoint nominee directors in the three discoms, directing DERC to compensate consumers for power cuts and revising stamp duty on sale of agricultural land, were also held to be illegal by a bench of Chief Justice G Rohini and Justice Jayant Nath for the same reason of lack of Lieutenant Governor Najeeb Jung's concurrence.
However, regarding the appointment of special public prosecutors, the bench said that the LG is competent to appoint them, but "such power has to be exercised on the aid and advice of the Council of Ministers".

All the notifications of the AAP government were challenged by various private individuals in PILs which were allowed by the court after holding that the LG was the administrative head of the national capital.
Notifications issued on several dates were "illegal" since these were issued "without seeking the views/concurrence of the Lt. Governor as provided under Rule 10 and Rule 23 read with Chapter V of Transaction of Business Rules, 1993," the court said while setting aside the notifications of the Arvind Kejriwal government after returning to power in February 2015.