LawChakra

Supreme Court Allows BJP-Led Delhi Govt to Withdraw 7 AAP-Era Cases Against Centre & Lieutenant Governor

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Today, On 23rd May, The Supreme Court permitted the BJP-led Delhi government to withdraw seven legal cases filed during the AAP regime against the Centre and Lieutenant Governor, following a request that cited the recent change in political leadership.

New Delhi: The Supreme Court permitted the Delhi government to withdraw seven cases previously filed by the former AAP government against the Centre and the Lieutenant Governor concerning matters such as control over services in the capital.

A bench consisting of Chief Justice B. R. Gavai and Justice Agustine George Masih considered the arguments presented by Additional Solicitor General Aishwarya Bhati, representing the BJP-led government, and approved the request.

A lawyer also raised concerns about the outstanding fees owed to advocates who were engaged during the AAP’s tenure.

The law officer assured the bench that all pending fees would be settled.

On May 22, the former AAP-led Delhi government sought to withdraw the seven contentious cases against the Centre and the LG from the Supreme Court.

The Delhi government, On Thursday, moved the Supreme Court on an urgent basis, requesting that the cases be listed for withdrawal, citing the recent change in political leadership as the reason for this decision.

In its petition, the Delhi government argued that the NGT made a mistake by appointing the Lieutenant Governor as the head of the waste management panel, stating that there was “no statutory or constitutional power conferred on the LG to act independent of the elected government.”

Additionally, it was asserted that issues related to solid waste management fall under public health and sanitation, which the elected government is solely equipped to address, and that the LG must act on the aid and advice of the Delhi government.

Earlier, Under Article 239AA of the Constitution, the Delhi government holds legislative authority over all matters except land, police, and public order.

Among the other petitions now being withdrawn is a challenge to an NGT order from January 9, 2023, which appointed the Lieutenant Governor as head of a high-level committee on Yamuna pollution. The Supreme Court had stayed that order in July 2023.

The remaining five petitions include a constitutional challenge to the GNCTD Amendment Act, 2023; a challenge to the lieutenant governor’s termination of services for 437 consultants hired by the Delhi government; allegations of the finance department’s failure to release approved funds for the Delhi Jal Board for the financial years 2023–25; disputes regarding the chairperson’s appointment for the Delhi Electricity Regulatory Commission (DERC); and issues surrounding payments to advocates appointed by AAP ministers in the high court and Supreme Court without the LG’s concurrence.

Additionally, a separate matter filed by the Delhi government sought a re-declaration that the LG must adhere to the aid and advice of the council of ministers for the NCT of Delhi.

By allowing the Delhi government to officially withdraw these seven cases, the Supreme Court has closed another chapter in the long-running legal conflict between the Delhi government and the Centre regarding administrative control in the capital.





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