New Delhi, Sept 9: The Supreme Court on Friday refused to stay an order of the Delhi High Court which had ruled that Lieutenant Governor is the administrative head of the Capital and he is not bound by the advise of the elected government in Delhi.
Aam Admi Party (AAP) led Delhi had gone in appeal against this order and told the Supreme Court that no officer is reporting to the Delhi ministers as they are reluctant.
The centre, however, sought dismissal of the petition on technical grounds. "Deputy Chief Minister, Manish Sisodia has no right to sign the appeal. It ought to have been done by a secretary and not the Dy. CM,"the centre said.
The Supreme Court issued notices to the union government and granted it six weeks time to file its response. The matter will come up on November 15.
The Delhi Government, however, contended that Sisodia had no choice but to sign the appeal. The LG had said that no officer can go to the Supreme Court without his prior permission.
Our plight will fall on other governments. This will affected future relations with the centre, the advocate for the Delhi government also said.
The Supreme Court also refused to grant a stay on the order of the LG. The LG had formed an inquiry committee to find out what decisions had been taken without his approval.
On the question of the status of Delhi, the court reminded the appellants of a nine judge bench order which had unequivocally ruled that Delhi is a Union Territory and not a state.
The Delhi High Court had recently ruled that the LG is the administrative head of the Capital and he is not bound by the advise of the elected government in Delhi.
The high court also held that since Delhi is a union territory, it would mean that the government has no control over important departments such as law and order and also the Delhi Development Authority.
The Delhi council of ministers cannot take a decision without referring to the lieutenant governor first, the High Court also ruled.
The court delivered this verdict on a plea that challenged two central government notifications in which the LG, Najeeb Jung was given absolute power to appoint bureaucrats and also restricted the scope of the city's anti-corruption bureau.