Alleging that he occupied an office-of-profit, Right to Information (RTI) activist and BJP Legal Cell member Vivek Garg has filed an official complaint seeking the cancellation of Deputy Chief Minister Manish Sisodia's membership from the Delhi Legislative Assembly.
Mr. Garg, who is also a practicing advocate, said that neither the Constitution nor the Government of NCT Act contained any provision for the office of a Deputy Chief Minister of the Capital.
As per his complaint, none of the legal provisions which oversee the administration of the Capital such as Article 239-AA and 239-BB of the Constitution of India, the Government of NCT of Delhi Act 1991, the Transaction of Business Rules 1993 provide for the appointment of a Deputy Chief Minister.
“Despite the rules being clear about the non-existence of any legal provisions for the same, Chief Minister Arvind Kejriwal has not only illegally appointed Mr. Sisodia as Deputy CM but, as per revelations in an RTI, the latter went on several foreign tours by virtue of holding that post along with scores of staffers,” Mr. Garg said.
Mr. Garg said that none of the previous governments in the Capital had appointed any Deputy CMs since the said post was unconstitutional. He argued that while the post, in itself, may not confer any pecuniary benefit, it “is sufficient if it has administrative, executive powers”.
“The office of the Capitals incumbent Deputy CM clearly falls within the purview of an office-of-profit in view of which Mr. Sisodia’s membership of the Delhi Assembly should be cancelled,” said Mr. Garg.
