Supreme Court allows Delhi govt to withdraw 7 cases against Centre, L-G filed by Kejriwal-led AAP govt
The Supreme Court on Friday allowed the BJP government in Delhi to withdraw seven cases filed by its predecessor AAP Government against the Centre and Lieutenant Governor on various issues, including the control over services in the national capital.
A Bench comprising Chief Justice of India BR Gavai and Justice AG Masih allowed the Delhi Government’s plea after Additional Solicitor General Aishwarya Bhati said the new government did not want to pursue these cases. "These matters should not trouble this court anymore," the ASG said.
Besides the case relating to tussle for control over services in the national capital, the seven cases allowed to be withdrawn included challenge to the authority of L-G in several committees, including solid waste management, Yamuna river cleaning and against the validity of Acts and ordinances.
The Arvind Kejriwal-led AAP government filed several cases in the SC, the most important being the challenge to the validity of a law giving a wider say to the L-G to control the bureaucracy in Delhi. The AAP Government had challenged the Government of National Capital Territory of Delhi (Amendment) Act, 2023 — known as Delhi Services Act — which extended the Centre’s control of services by giving powers to the L-G over the elected government with regard to bureaucracy.
The SC had on July 20, 2023, referred the issue to a Constitution Bench for a final adjudication of the contentious issue.
In April 2023, the Delhi Government filed a petition with regard to the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC). It had also filed petitions regarding the L-G’s conditional approval to send government schoolteachers to Finland for training and those seeking directions for release of funds by the L-G to re-operationalise the Delhi Government’s Farishte scheme and initiation of contempt proceedings against the Delhi Development Authority (DDA) for the illegal felling of trees in Delhi Ridge, in which role of Delhi L-G VK Saxena came under scanner.
One of the cases was against an NGT’s January 19, 2023 order asking the L-G to head a high-level committee constituted to deal with issues concerning the Yamuna rejuvenation. The NGT constituted the high-level committee of authorities concerned in Delhi, where pollution of Yamuna was higher (about 75 per cent) when compared to the other river basin states. The SC stayed the NGT order in July 2023.
The Delhi government has also withdrawn the challenge to orders issued by the Ministry of Home Affairs (MHA) and the L-G with regard to release of payments to advocates appointed by the ministers without the concurrence of the L-G and the appointment of advocates on record (AoRs) and advocates in the Supreme Court and the Delhi High Court.
Other cases included a challenge to the alleged non-release of sanctioned funds for the Delhi Jal Board for the financial year 2023-2025 by the Finance Department of Delhi Government and re-declaration that the -LG of Delhi was bound by the aid and advice of the council of ministers.
