SC refers to Constitution bench issue of Delhi Assembly

The Supreme Court today referred to its Constitution bench the contentious issue of deciding the demand for dissolution of Delhi Assembly raised by the Aam Aadmi Party (AAP) while making it clear that Lt Governor was free to take a call on government formation.
"The pendency of writ petition would not be an impediment for the LG to take any decision," a bench headed by Chief Justice R M Lodha said while posting the matter before a five-judge Constitution bench for hearing on August 5.
"We are of the view that important constitutional question has been raised in the matter and needs to be heard by a five-judge Constitution bench," the bench, also comprising justices M B Lokur and Kurian Joseph said.

The order was passed after an hour-long hearing during which AAP accused the BJP of trying to engineer defection and horse trading for government formation while the Centre said that "the situation is still fluid" and it is for the LG to take a call whether any party can stake claim for government formation in Delhi.
The new government at the Centre joined hands with the BJP to oppose the AAP's petition challenging the imposition of President's Rule in Delhi following the resignation of Arvind Kejriwal's 49-day minority government.
"What is the right of the minority government which has resigned for seeking relief? Once minority government resigns, no remedy is available to it and it cannot ask for dissolution of the Assembly," Additional Solicitor General P S Narasimha submitted while stressing that it was too early to demand for dissolution of the House and forcing election on people.

Senior advocate Ashok Desai, appearing for the BJP, said that AAP was changing its stand on the issue and the question is "can the court be dragged into political dispute?"

He said the country has already entered into the era of coalition politics and though the three main political groups here cannot see each other eye-to-eye, the possibility of some structural formation for government formation cannot be ruled out.
The submission of the Centre and the BJP came after senior advocate Fali S Nariman, appearing for AAP, said dissolution of Assembly was necessary, particularly in view of the changing scenario after the Lok Sabha elections after which the Congress categorically ruled itself out of supporting any political party for government formation.

He, however, alleged that "BJP has been inducing some MLAs of AAP for defection" and now "there is no justification for not dissolving the House".