The Delhi High Court on Thursday told a petitioner, who wanted the recently concluded two-day sitting of the Delhi Assembly declared as “illegal”, that he had impleaded the wrong respondents.
Justice Sanjeev Sachdeva adjourned the matter to February 6 giving time to petitioner Prashant Kumar Umrao to implead the correct authorities as respondents.
The court was of the view that the Chief Secretary and the Delhi government were incorrectly made respondents.
Jurisdiction issue
“Who is calling the session? Chief Secretary is the Executive. The Government of National Capital Territory of Delhi (GNCTD) is not the Assembly. You have impleaded the Executive. Is the legislative assembly subordinate to the GNCTD? The GNCTD is nobody to call the session,” the court said.
Mr. Umrao’s counsel R. P. Luthra said the session was called “at the instance of the Chief Minister” and that the Assembly was a wing of the government. “The Legislative Assembly is an independent entity,” the court said and adjourned the matter.
‘What’s left of plea?’
The Bench also asked the petitioned as to what survived in the petition as the session had ended on Wednesday. It also asked why sessions cannot be conducted in parts as in the instant situation where the two-day session was part of last year’s winter session.
The petition has claimed that by not inviting the Lieutenant-Governor to address the Assembly, the AAP government was “dishonouring” its office. It further said that the rules stipulate that at the commencement of the first session each year, the L-G should address the House.
