The Delhi government on Friday informed the Supreme Court that they have filed six different petitions challenging the Delhi High Court order and withdrew its civil suit for a judicial declaration of the National Capital as a full State.
A Bench of Justices A.K. Sikri and D.Y. Chandrachud allowed the Delhi government to withdraw its suit, putting the entire spotlight on its appeals against the Delhi High Court judgment which declared Delhi as a Union Territory administered by the Lieutenant Governor.
Senior advocate Indira Jaising, appearing for the Delhi government, conveyed to the court the decision to withdraw the suit in a hearing three days after the Delhi government moved the Supreme Court in appeal.
Ms. Jaising submitted that the issues raised in the civil suit were similar to those in the appeals.
The Bench on August 29 insisted that the Delhi government should file its appeal and not bank on the pending suit.
The High Court verdict had effectively shrunk Kejriwal Cabinet’s administrative girth and confirmed Lieutenant Governor Najeeb Jung as the final word in administering the National Capital.
Federal disputeThe Delhi government has highlighted the primary question whether the dispute between the AAP and the Centre was a federal dispute coming under Article 131 of the Constitution and which only the Supreme Court has jurisdiction to hear and decide.
“This question will be decided in the special leave petition... we will if necessary set aside the High Court judgment if it is found to be wrong,” Justice Sikri had observed in a previous hearing.
The High Court had dismissed the Delhi government's claim that the AAP-Centre tussle was a ‘classic’ federal dispute.
The ruling had relegated the wrangle to the status of a mere political tug-of-war on ‘services’ matters over which the High Court has full jurisdiction to adjudicate under Article 226 of the Constitution.
