The Delhi High Court has asked the AAP government to respond to a plea seeking appointment of an Advocate General to represent and provide legal advise to the government of Delhi.
A bench of Chief Justice D N Patel and Justice C Hari Shankar issued notice to the Delhi government and sought its response by May 22 on the petition.
The petitioner, Abhijit Mishra, has contended that under Article 239AA, which gives a special status to Delhi, the Legislative Assembly has powers to make laws for the national capital territory with respect to any of the matters, with the exception of public order, police and land, mentioned in the state or concurrent list of the Seventh Schedule of the Constitution.
He has contended that this would also include appointment of an Advocate General.
Mishra, who claims to be a financial economist, has said in his plea that the position of Advocate General was "essential" for providing Delhi government with legal advise on matters of administration and governance.
The petition, filed through advocates Payal Bahl and Ameet Singh, has also sought formulation of "rules and conditions" for appointment of an Advocate General and setting up of a committee for carrying out the selection process.
Mishra, in his plea, has said that he has moved the PIL after the Delhi government, in response to a complaint lodged by him on the Centralized Public Grievance Redress and Monitoring System, said the appointment of Advocate General was beyond its jurisdiction.
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