In a major setback to the Delhi Government, the Delhi High Court has set aside the government order to appoint 21 AAP MLAs as parliamentary secretaries.
The first Bench of the high court comprising Chief Justice G Rohini and Justice Sangita Dhingra Sehgal passed the order after recording the statement made by counsel appearing for the Delhi Government that the order was issued without taking concurrence or views of the Lieutenant Governor.
Senior advocate Sudhir Nandrajog, counsel for the Delhi Government, referring to a judgment passed by the high court, which had quashed several notifications issued by AAP government, said: "Today I have to concede that the judgment (of August 4) stands against me (Delhi Government). "
In its judgment of August 4, 2016, the high court had declared that the Lieutenant Governor is the administrative head of the National Capital Territory of Delhi and he is not required to act on the advice of the Delhi Cabinet. Read Live Law story here.
A month ago, the Punjab and Haryana High Court had held that parliamentary secretaries are in the nature of junior ministers and their appointments amount to infraction of the provisions of Article 164 (1A) of the Constitution. Read Live Law report here.
Last year, on a PIL moved by CPM leader Bikash Battacharya and Pushpal Chakraborty, the Calcutta High Court had also struck down such appointment of parliamentary secretaries. Read Live Law report here.