NEW DELHI -- In a major setback to the Aam Aadmi Party (AAP)-led Delhi Government, the Delhi High Court on Thursday dismissed its set of petitions on the legal tussle with the Centre over control of administrative issues and distribution of power in the national capital.
A set of 11 petitions were filed by the Delhi Government challenging various decisions of the Aam Aadmi Party (AAP) led-Delhi Government and Lieutenant Governor Najeeb Jung, and the interpretation of Article 239 AA of the Constitution.
Pronouncing the verdict, the high court said that the Lieutenant Governor is not bound to act as per the advice of the Delhi cabinet.
The court said that Article 239 AA of the Constitution will continue to remain applicable.
"As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991 the Union Territory of Delhi shall be called the National Capital Territory) and the administrator thereof appointed under article 239 shall be designated as the Lieutenant Governor," says Article 239 AA.
The Delhi High Court also said that the Lieutenant Governor is not bound by the council of ministers.
"Council of minister cannot take decision without referring to Lieutenant Governor first," the court said in its verdict.
The Delhi High Court also held that no action can be taken by Anti Corruption Branch (ACB) against Central Government officials.
"Commission of enquiry set against DDCA, CNG scam set aside and the decision taken hold illegal," said the Delhi High Court.
It has been alleged by Chief Minister Arvind Kejriwal-led Government that it has been unable to function as most of its decisions are either annulled or changed by the Centre at the behest of the Lieutenant Governor on the ground that Delhi is not a complete state.
Meanwhile, the Delhi Government has said that it will approach the Supreme Court.
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