
In a letter to Lieutenant Governor (L-G) Vinai Kumar Saxena, Chief Minister Arvind Kejriwal raised the issue of a conflict of interest and the right to choose the presiding officer for the election of the mayor of Delhi.
The Delhi chief minister asked the L-G in a letter dated January 7 whether the term "Administrator" meant only the L-G and if that implied 'ignoring the elected government' by citing the Delhi Municipal Corporation (DMC) Act.
Kejriwal questioned L-G Saxena's action on the nomination of MCD aldermen, implying a conflict of powers and seeking clarification on the term's usage.
"I have come across a statement issued by your office today which says that since it is written in the relevant provisions of the DMC Act that "Administrator shall appoint..", therefore, the ten aldermen and the presiding officer for the election of Mayor were directly appointed and got notified by your good self without the involvement of the elected govt," Kejriwal's letter read.
"Sir, can we assume that this is your official position that wherever in any law or Consitution, it is written that LG/Administrator shall..." or wherever the government has been defined as "LG/Administrator" in all those cases, Hon'ble LG shall, from now onwards, exercise powers... and in his own discretion, directly, ignoring the elected government?" Kejriwal stated.
He went on to explain why there might be a problem with the delegation of authority from Delhi's elected government.
"If that be the case, then the elected govt. of Delhi will become irrelevant because practically in every law and every provision, the word used is "Administrator/LG" and the Council of Ministers works in the name of LG/Administrator," Kejriwal noted.
The Delhi chief minister has requested L-G Saxena's response to the letter as well as a better understanding of the 'LG/Administrator' clause.
"Does this mean that from now on, you will run Delhi govt. directly bypassing the elected govt. on all transferred subjects also? Kindly clarify?" Arvind Kejriwal's letter read.
He went on to say that with the understanding and position taken by the L-G, "then the Prime Minister and all Chief Ministers will become irrelevant because, in all laws and the Constitution, the words used are President/Governors and not Prime Minister/Chief Minister."
The Delhi CM also questioned L-G Saxena regarding the formation of the Haj Committee in the letter. He inquired as to whether the elected AAP-led Delhi government is also disregarded.
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