No L-G nod, HC sets aside Delhi Govt's doorstep ration scheme

Tribune News Service

New Delhi, May 19

The Delhi High Court on Thursday set aside the Arvind Kejriwal-led AAP government’s doorstep ration delivery scheme — Mukhyamantri Ghar Ghar Ration Yojana — in the national capital for want of approval from the Lieutenant Governor.

“Any such scheme framed by the GNCTD should comply with all requirements of the National Food Security Act (NFSA) and the orders issued under the Essential Commodities Act (ECA). The impugned scheme as presently framed by the Cabinet decision on March 24, 2021, does not comply with the provisions of the NFSA and TPDS order, 2015,” a Bench led by Acting Chief Justice Vipin Sanghi said.

Final decision rests with President

If there is a difference of opinion between the Council of Ministers headed by the Chief Minister and the Lieutenant Governor, the final decision will rest with the President and will be binding on them. —Delhi High Court

“In case the Lieutenant Governor expresses his disagreement with his Council of Ministers headed by the Chief Minister, he may either require the Chief Minister to refer the matter to the President for his decision, or he may, on his own, refer the matter to the President for his decision. Even when the Lieutenant Governor requires the Chief Minister to refer the matter for his decision to the President, it is reference by the Lieutenant Governor and would, therefore, meet the requirement of the proviso to Article 239AA(4) of the Constitution,” it said.

“The final decision will rest with the President and both LG and the Council of Ministers will be bound by that decision and act in accordance with it,” it noted.

Allowing two petitions filed by Delhi Sarkari Ration Dealers’ Sangh and Delhi Ration Dealers’ Union against the scheme, it quashed the three tenders issued by the Delhi Government for selection of delivery agency for its implementation.

The Delhi Government had defended the scheme on the ground that it was for the poor who were being threatened by fair price shop owners to opt out of the home delivery mode otherwise they would not be given ration. (With PTI inputs)

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