Post 2021 amendment to section 33 of GNCTD Act, the MCD said, the Assembly’s powers to interfere directly or through its house committees were curtailed in relation to administrative affairs of the capital (File photo)The Delhi High Court Tuesday sought the Legislative Assembly Secretariat’s response to a petition filed by the Municipal Corporation of Delhi against the constitution of a ‘Committee of Corporations’ by the Speaker.
Post 2021 amendment to section 33 of GNCTD Act, the MCD said, the Assembly’s powers to interfere directly or through its house committees were curtailed in relation to administrative affairs of the capital. The speaker of the house has no powers or authority to accord sanction to a committee particularly when he himself lacks the power under the Act, argues the petition.
Justice Yashwant Varma granted the counsel representing the Assembly Secretariat three weeks to file a counter-affidavit and listed the matter for hearing on October 11. The petition also seeks a declaration that only the Centre has superintendence over the affairs of the MCD and quashing of the committee’s letters of July 26 and August 24 seeking information from the MCD.
When the counsel representing the MCD prayed for an interim stay and informed the court that the Assembly was seeking presence of its commissioner before the committee, the court orally instructed the counsel representing the Assembly Secretariat to ask the committee to desist and not proceed any further.
The court added that a formal direction was not being issued “out of deference to the fact that it is a committee of a legislative body”. It also granted liberty to the MCD to approach the court before the next date of hearing if the need arises. “Matter requires consideration,” said the bench.
Advocate Gautam Narayan, representing the Assembly Secretariat, submitted that section 33 of the GNCTD Act only says that the Assembly will not interfere with or frame any rules that will tend to interfere with the day-to-day administration of the capital. “Please see the information I have sought. It is only a letter seeking information,” he argued, adding that seeking the presence of the Commissioner was not a coercive action.
Narayan termed the petition an attempt to stall the working of legislative machinery. However, the court disagreed saying, “How does Legislative Assembly work come to a standstill just because of an issue of jurisdiction with respect to a house committee.” The MCD in the petition has argued that the DMC Act grants the central government the powers of superintendence, control and authority over the affairs of the corporation. It has further contended the amended GNCTD Act states that the Lieutenant Governor is the administrator of Delhi, and the Delhi Assembly has no powers to make any rules and form Assembly committees to question and examine issues relating to the administration of the national capital.
“Post amendment, no rules of the house have been framed nor sanction of Hon’ble Lt. Governor or President of India has been taken by the respondent before forming a ‘Committee for Municipal Corporations in Delhi’,” reads the petition, adding that the Committee has raised various demands for supply of information regarding subjects like constructions, policies on stray animals, and issuance of NOC for installing the national flag.
The MCD has said that the petition raises an “important question” that whether the Delhi government or its Assembly after amendment to the GNCTD Act can form rules of the house and nominate house committee without the approval of the L-G. “The act of the respondent to call the officers of the petitioner for meeting and also seeking information is without jurisdiction and infringes with the rights of the Corporation to function independently,” it has argued.