New Delhi: Amid the ongoing tussle between the Delhi Lt. Governor and the Aam Aadmi Party over several issues including mayoral election, Chief Minister Arvind Kejriwal on Saturday wrote a letter to L-G V.K. Saxena on the constitution of Delhi Haj Committee.
“The statement issued from your office is silent on how you directly constitute the Haj Committee by-passing the elected government? Kindly clarify, Sir,” Kejriwal wrote in the letter addressed to the L-G.
“I have come across a statement issued by your office today which says that since it is written in the relevant provisions of DMC Act that Administrator shall appoint… therefore, the ten aldermen and the presiding officer for election of Mayor were directly appointed and got notified by your goodself without the involvement of the elected government,” said Kejriwal.
“Sir, can we assume that this is your official position that wherever in any law or Constitution, it is written that L-G/ Administrator shall… or wherever government has been defined as L-G/ Administrator, in all those cases, the L-G shall, from now onwards, exercise powers eo-nominee and in his own discretion, directly, ignoring the elected government?” the Chief Minister has asked in the letter.
“If that be the case, then the elected government of Delhi will become irrelevant because practically in every law and every provision, the word used is Administrator/ L-G and the Council of Ministers works in the name of L-G/ Administrator. As per various SC judgements, L-G/ Administrator is bound by aid and advice of the Council of Ministers on all but three reserved subjects. The DMC Act is a transferred subject and even if the words used in the Act are L-G/ Administrator, L-G is bound by aid and advice of the Council of Ministers on this subject,” the letter noted.
“The statement issued from your office states that since the words used in DMC Act are ‘L-G/ Administrator’, therefore, you exercised those powers directly and kept the elected government away. Since the last 30 years, powers under this Act and under these provisions have always been exercised by the Council of Ministers,” reads the letter.
“Sec 21(3) of GNCTD Act defines Govt. as L-G. Does this mean that from now on, you will run the Delhi government directly bypassing the elected government on all transferred subjects also? Kindly clarify, Sir,” the Delhi CM has asked.
“If that position is taken, then the Prime Minister of India and all Chief Ministers will become irrelevant because in all the laws and Constitution, the words used are President/ Governors and not Prime Minister/ Chief Minister,” the letter reads.
