HC declines AAP govt plea to decide stay application first

The Delhi High Court today turned down AAP government's request to first decide its application seeking a stay on the proceedings arising out of its standoff with the Lieutenant Governor prior to deciding the main petitions on the issue.
A bench of Chief Justice G Rohini and Justice Jayant Nath said once it has reserved an order on a application for stay on the proceedings before it in the matter, it cannot pass any such order or "commit" anything.
"Sorry we cannot allow you (Delhi government) to come up with new application," the court said, adding that "we will not commit on anything once the matter is reserved".

The order came on AAP government's fresh application for prior decision on their plea for a stay on proceedings before the high court on the ground that issues before it involve a dispute of "federal nature" between the Centre and Delhi government and the Supreme Court has exclusive jurisdiction to deal with such matters.
Senior advocate Indira Jaising, appearing for Delhi government, informed the court that they are urging the court to pass the order on stay application first so that they have enough time to approach the appropriate authority.
"If the court declines to entertain the application, we will have time to move the appropriate authority," Jaising told the court.

On which the court said, "Why are you (Delhi government) anticipating anything in advance? May be the decision on the merits comes in your favour."

On May 24, the high court had reserved its decision on the
application moved by Delhi government seeking a stay on the proceedings on the petitions arising out of its standoff with the LG over powers to appoint bureaucrats in the national capital and other issues.
It had said the high court does not have the jurisdiction to deal with such dispute. The Supreme Court is the forum for adjudication of disputes of federal nature, it had added.

Whereas, Additional Solicitor General Sanjay Jain had told the bench that Article 131 of the Constitution does not come in the way of jurisdiction of high courts under Article 226 of the Constitution.
He had said that power of high courts cannot be ousted as Article 226 is a part of the doctrine of basic structure of the Constitution.
Delhi government had on May 28 last year approached the high court challenging the Centre's notification of May 21 giving the LG absolute powers to appoint bureaucrats in the city.
It had also challenged the July 23, 2014 notification limiting the jurisdiction of the Anti-Corruption Branch to Delhi government officials only.

Later, more cases on various aspects of the tussle between the Centre and the AAP government were filed in the high court.
The AAP government had also moved the apex court recently, seeking its intervention in the dispute with the Centre, while pointing out that the Union government, acting through the LG, had opposed most of the executive decisions taken by it.