SC asks Centre to reply on fate of Delhi Assembly by Oct 10


New Delhi, Sep 9 (PTI): The Supreme Court today asked the Centre to apprise it by October 10 about the outcome of political process initiated by Lt Governor by writing a letter to the President on exploring the possibility of government formation in Delhi.

A five-judge Constitution Bench, headed by Justice H L Dattu, said that it is not going to keep this matter pending for a longer period of time and asked the Centre to inform it about the decision to be taken by the President of India on the LG's letter.

"What is the possible time by which his Excellency would take a decision?" the bench asked Additional Solicitor General (ASG) P S Narsimha, who was appearing for the Centre.

At the outset of the hearing, the ASG referred to the letter written by Lt Governor Najeeb Jung on September 4 to the President seeking to explore the possibility of government formation in Delhi.

In his letter to the President, the LG had sought permission to call the single largest party (BJP) to take a shot at power though it is well short of majority in the Assembly.

Senior advocate Fali S Nariman and advocate Prashant Bhushan, appearing for Aam Aadmi Party (AAP), raised the issue of horse-trading by BJP for getting the numbers to form the government in Delhi.

The bench, however, said that it will not take on record the additional affidavit filed on this issue by AAP and asked Nariman to wait till October 10.

Referring to the LG's letter to the President, the ASG said that the political process has started again to explore the possibility of government formation in the national capital and four more weeks be granted for the same.

On August 5, the apex court had given five weeks' time to the Centre to take a decision on dissolution of the Delhi Assembly "one way or another", questioning it for continuing to keep the House in suspended animation when no party was coming forward to form the government.

The bench had also asked why the MLAs be paid from taxpayers' money for sitting idle when the Assembly had been kept in suspended animation.

On the petition filed by AAP seeking dissolution of the Assembly, the bench had asked the Centre what steps it has taken to explore the possibility of government formation during the last five months.

It had, however, turned down the plea of AAP which submitted that the apex court should pass order so that elections in Delhi are held along with that of four other states later this year.

The apex court said it is for the appropriate authority to take a decision.
President's rule was imposed in Delhi on February 17 with no party coming forward to stake claim for government formation after AAP government headed by leader Arvind Kejriwal resigned.

The petition filed by AAP had sought a direction to the Lt Governor to dissolve the Assembly and hold fresh polls.

It had challenged the decision to impose President's rule in Delhi on the recommendation of the LG alleging that it was done to protect Congress leaders and former Chief Minister Sheila Dikshit from corruption charges.

The petition had said the order to impose President's rule was "illegal, arbitrary and in violation" of Article 14 of the Constitution as after the resignation of Kejriwal neither BJP nor Congress were in a position to form the government and they had already expressed their unwillingness in that regard.

It had further raised constitutional questions to keep the Assembly under suspended animation by ignoring the categorical recommendation of the majority government of the NCT of Delhi for dissolving the House.

BJP had emerged the single largest party after the Assembly polls in December last year with 32 seats including ally Akali Dal's one MLA in the 70-member House.

BJP fell four seats short of a simple majority and had refused to form the government, saying it did not have the numbers and will not resort to any "unfair means" to take the reins.

AAP with 28 MLAs had later formed the government with support of eight Congress MLAs. AAP's strength has also come down to 27 after expulsion of party MLA Vinod Kumar Binny.

BJP's number came down to 28 in the House in May after three of its legislators--Harsh Vardhan, Ramesh Bidhuri and Pervesh Verma--were elected to Lok Sabha. With the resignation of three MLAs, the strength of the Assembly also went down to 67.

  

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Comment on this article

  • Arvind Hannurkar, Belgaum

    Thu, Oct 30 2014

    NOW BJP IS FLOWING LIKE FLOOD OF RIVER. NOW IT IS THE TIME IF AAP COMES IN MAJORITY, THEN AAP CAN GIVE GOOD GOVERNANCE TO DELHI COMPARATIVELY TO MODI GOVERNMENT.CONGRESS IS NOT USEFUL TO DELI & INDIA. BUT IF AAP REMAINS IN DELHI, THEN MODI GOVERNMENT WILL GET SOME BITTER PILLS, INFORM LESSONS. DON'T FINISH THE AAP, FOR THE SAKE OF DEMOCRACY.

    DisAgree Agree Reply Report Abuse

  • prem, moodbidri

    Wed, Sep 10 2014

    BJP issued Show cause notice to Sher Singh Dagar(Delhi BJP Vice President), that is just a drama. Actually it was a game plan of DAKU. Without DAKU's instruction, Sher Singh is not mad to pay 4 crores from his pocket. Also he is not CM contender from party.

    DisAgree Agree [3] Reply Report Abuse

  • Krishna, Mangalore

    Wed, Sep 10 2014

    RSRB. you are opposing fresh election in Delhi, as it takes away tax payers money,I too agree.... Then why not oppose the election at Baroda seat vacated by Modi, and at Shimogga seat vacated by Yeddy. WHY DOUBLE STANDARDS ??????/
    Let the status quo remain every where till the next election, Till then these constituencies can be taken care by the adjustant MP's like Governors looking after two states !!!!!!!!

    DisAgree [1] Agree [8] Reply Report Abuse

  • abhyankar, mumbai

    Wed, Sep 10 2014

    whats the logic? bye election for seat and assembly for full seats? no difference?

    DisAgree [3] Agree [1] Reply Report Abuse

  • Krishna, Mangalore

    Wed, Sep 10 2014

    To be clear....Do not hold the by election for the seats vacated....Wait till the next election due. OR if the elections are required , let the vacating candidate bear all the expenses....

    DisAgree Agree [2] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Wed, Sep 10 2014

    Krishna, Mangalore

    I am also not in favour of re-election & one candidate contesting from 2 seats. Existing MLA/MP is contesting again just for fancy.

    But what I do not agree with you is
    (a) As Abhayankar said, you are comparing by-election with main election. By elections does not normally decide who is going to rule.
    (b) By elections are for giving a representative for the people. In case of Delhi, people of all constituency have already their MLAs
    (c) When you give example, you give only those BJP vacated seats as if you are blind about Prakash Hukkeri, Mulayam Singh Yadav, gives rise to lots of biased nature in your blood. While giving examples, kindly include everyone, let one of them be from BJP also. I am not asking you to avoid BJP.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Krishna, Mangalore

    Wed, Sep 10 2014

    Pls read the addendum. that should clear your doubt.

    DisAgree Agree [1] Reply Report Abuse

  • KKR, Mangalore

    Wed, Sep 10 2014

    so,our modiji has to decide on fate of Delhi Assembly tday!!

    DisAgree [3] Agree [2] Reply Report Abuse

  • Peter, Bangalore

    Wed, Sep 10 2014

    Feku failed to give corrupt free India..
    Daku failed to form full corrupt coalition Delhi Govt..

    DisAgree [4] Agree [12] Reply Report Abuse

  • RONALD, UDUPI

    Tue, Sep 09 2014

    How come the most successful DAKU could not poach a single MLA this time even after five long months? And is there no one in Delhi who believes in FEKU? My advise to FEKU and DAKU is CALL OUR OWN YEDDY TO DELHI WHO WAS VERY SUCCESSFUL IN KARNATAKA.

    DisAgree [5] Agree [14] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Sep 09 2014

    Modi had promised that within 100 days he would:
    1.Bring back all the black money.
    2.Bring inflation down.
    3.Eradicate corrupt politicians from BJP.
    So far a big ZERO and now he is scared to face the electorate ...

    DisAgree [7] Agree [29] Reply Report Abuse

  • jeevan, mangalore

    Tue, Sep 09 2014

    If election held ... Main fight between BJP & AAP thanks god congi no where....

    DisAgree [27] Agree [16] Reply Report Abuse

  • sid, mangalore

    Tue, Sep 09 2014

    Delhi became the scape goat by voting AAP. whole india will never vote for kujliwal

    DisAgree [17] Agree [5] Reply Report Abuse

  • Alex, Mangalore

    Tue, Sep 09 2014

    Wait next 150x150 days, not even in dreams, not even in Modi's kids age and their kids age, if he has, he may have.

    Perhaps we can see those accounts once we are out of this world, from upstairs. Isn't it?

    DisAgree [6] Agree [11] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Alex, Mangalore

    Better late than never...
    If he does not bring money in his tenure, definitely people of India decides...
    By the way, keep up the pressure and ensure Modi will bring black money and also win next election....

    DisAgree [18] Agree [10] Reply Report Abuse

  • KKR, Mangalore

    Tue, Sep 09 2014

    haha you want govt to gift iphone -5 to nepal!!!

    DisAgree [4] Agree [5] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Sep 09 2014

    I wonder why Ambani and Adani are refusing to give money for Delhi Elections ...

    DisAgree [8] Agree [24] Reply Report Abuse

  • Vijay Dsouza, Mangalore

    Tue, Sep 09 2014

    Jossey Baab,
    Till today Feku is busy in speech, no action no work is started...thats why Ambani Adani are refusing.

    DisAgree [5] Agree [21] Reply Report Abuse

  • KKR, Mangalore

    Tue, Sep 09 2014

    Jossey Bhai..don’t worry Kalmadi going to invest his HARD earned money this time!!

    DisAgree [21] Agree [10] Reply Report Abuse

  • jeevan, mangalore

    Tue, Sep 09 2014

    Why national herald looters dare to invest ?

    DisAgree [18] Agree [8] Reply Report Abuse

  • Prakash, Dubai

    Tue, Sep 09 2014

    Prakash Shetty Mumbai,

    That's why I have written my friend. In DW Forum so many people cried after BJP s victory on May 16th for the amount spent in election campaign. See the Delhi BJP chief statement now. They are ready for fresh polls. Hope you will support BJP in this matter. You cannot see the Drama in india from 60 years and how you can you see the drama in 100 days.

    DisAgree [5] Agree [10] Reply Report Abuse

  • prakash, mangalore

    Tue, Sep 09 2014

    Prakash Dubai, Don’t worry about the election expenses. Our bellowed Prime Minister Mr. Modiji promised that he will bring the black money within 150days. Still we have some time to complete the 150days. Let the govt use this money for elections.

    DisAgree [9] Agree [17] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    prakash, mangalore

    Black money coming is not for spending for elections..
    It is for developmental work...

    DisAgree [13] Agree [7] Reply Report Abuse

  • Krishna, Mangalore

    Tue, Sep 09 2014

    Agreed, first bring it , then let us see the truth and the figure. Hope nothing will land in personal pockets.

    DisAgree [5] Agree [10] Report Abuse

  • Prakash, Dubai

    Tue, Sep 09 2014

    prakash mangalore,

    Finally you have also agreed to spend money on election. Teach your fellows also instead of crying. You said Beloved Modiji. Very strange to hear from you people who always split venoms. Give Mr.Modi some more time. He will do it. we will not ask from you 60 years. don't worry.

    DisAgree [8] Agree [6] Reply Report Abuse

  • Jayanth , Mangalore

    Tue, Sep 09 2014

    If the Idle mode why tax payers money is paid to the elected members? No work no pay.If the assmbly is suspended MLA's also suspended. Use the money on betterment. SC has to enforce this.

    DisAgree [3] Agree [13] Reply Report Abuse

  • Indian, Mangalore

    Tue, Sep 09 2014

    BJP had 32 MLA in December 2013 and refused to form the government being a single largest party....Now BJP has 28 MLA and how come claiming to form government. Modi Ji ye kya ho rha hai?? you said "Na khayenge na khane denge"!!!

    DisAgree [4] Agree [21] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Indian, Mangalore

    They gave opportunity for AAP & CONG. And poor AAP without knowing BJP strategy, joined hands and lost the Lok Sabha humiliatingly.

    Now BJP may form the government as AAP & CONG failed to govern Delhi...

    Is there anything wrong giving opportunity to others first...??

    DisAgree [19] Agree [3] Reply Report Abuse

  • Indian, Mangalore

    Wed, Sep 10 2014

    Having refused to form govt with 32 seats, what makes BJP confident of staking a claim with 29 seats?

    DisAgree [2] Agree [5] Reply Report Abuse

  • Deepak, manglore

    Tue, Sep 09 2014

    hello congress ne bhi money savings keliye reelection ke bajai AAP ko support kiyatha. uss wakth BJP wale bla bla kar rahethe. aj jo who karr rahen haitho money saving hai ?
    BJP walon ki yahi kasiyath hai.... kabi bi palti marthen hai.

    DisAgree [4] Agree [18] Reply Report Abuse

  • KKR, Mangalore

    Tue, Sep 09 2014

    Insted of wasting tax payers money on re-election they should use same on developement work..

    DisAgree [11] Agree [8] Reply Report Abuse

  • Indian, Mangalore

    Tue, Sep 09 2014

    Instead of having minority government with horse trading better Delhi should go for re election. India have 1000 crore rupees as gift for Nepal and does not have 20 crores for re election...

    DisAgree [3] Agree [26] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Indian, Mangalore

    As per your logic spending 2 crore on horse trading is better???
    Please do not give useless logic...

    DisAgree [10] Agree [4] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Sep 09 2014

    RSRB, After getting caught it is now confirmed that BJP can only do Donkey Trading ...

    DisAgree [5] Agree [17] Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Jossey Saldanha, Mumbai

    Once the notice is served to the MLA, the necessary action proceeds. If the MLA found guilty either by party or by court, he will be terminated. I appreciate party stand in this regard.

    AAP still did not serve notice to Shanti Prasad, show the colour of that party. By the way, when did you resigned from Congress and joined AAP?

    DisAgree [10] Agree [2] Report Abuse

  • prakash, mangalore

    Tue, Sep 09 2014

    Why BJP is scared of elections. If they go for elections it will be a huge JHATKA for them. Now don't ask who will pay the election expenses!!

    DisAgree [8] Agree [22] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    prakash, mangalore

    Why you conclude BJP is scared of election?
    Why can not you think, BJP is saving money on election?
    Why can not you think, BJP denied to form the government in the beginning and after Kejri ran away, then only they are considering?
    Why can not you think, even after election, what is the guarantee that there is no hung assembly?
    Always think multi direction and unbiased....

    DisAgree [19] Agree [10] Reply Report Abuse

  • Christopher DCunha, M'lore/AUH

    Tue, Sep 09 2014

    Dear RSRB, please tell me how BJB can form a government with 28 MLA's? when they couldn't form the government with 31 members in hand.

    DisAgree [3] Agree [19] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Christopher DCunha, M'lore/AUH

    If the secret voting in the floor of the house will decide...
    There may be MLAs who does not want election but scared to the party line...
    Remember you have seen how MMS won the nuclear deal by voting...
    Also remember how Monorama Madhwaraj & Sangliyana voted for MMS....

    DisAgree [20] Agree [5] Report Abuse

  • Deepak, manglore

    Tue, Sep 09 2014

    hello congress ne bhi money savings keliye reelection ke bajai AAP ko support kiyatha. uss wakth BJP wale bla bla kar rahethe. aj jo who karr rahen haitho money saving hai ?
    BJP walon ki yahi kasiyath hai.... kabi bi palti marthen hai.

    DisAgree [1] Agree [20] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Deepak, manglore

    Paisa bachanewala congress AAP se milne se BJP se mil sakthe the...
    Hai na???

    Us time Baath AAP se milne se thaa... Of course BJP success huwa loginko convince karne me.. CONG aur AAP saath saath hai...
    Iske liye BJP ko mila poora bahumath...

    Paisa bachane wala congress abhee kyon chup baitha hai? |De do na support AAP ko...

    DisAgree [11] Agree [2] Report Abuse

  • prakash, mangalore

    Tue, Sep 09 2014

    RSRB
    Why Bjp is scared of elections better you ask this question to your leaders, why is your BJP not checking the authenticity of CD which was exposed by AAP Yesterday. If the CD is fake why they issued show cause to its MLA?
    BJP is not spending money from its pocket
    Nobody has denied your BJP to form the govt at the beginning, your BJP itself said “Pehle AAP”
    If elections are held AAP will come out with majority, there will not be a hung assembly
    You BJP supporters are experts in advising others to think in multi direction and unbiased where as you people are narrow minded and always biased.

    DisAgree [3] Agree [19] Reply Report Abuse

  • Prakash, Dubai

    Tue, Sep 09 2014

    prakash Managalore,

    If BJP is ready for the fresh election You and your followers will not cry in this forum by stating BJP is wasting tax payers money?. If the election held now BJP will win with Majority.

    DisAgree [15] Agree [7] Report Abuse

  • Prakash shetty, mumbai

    Tue, Sep 09 2014

    Prakash Dubai,
    For God sake please don't give us excuse of "waste of Tax Payers money".
    People are watching BJP ka Drama.
    Can you Tell us How much BJP has spent on 2014 Lokh sabh election. The problem with BJP is they lost their confidence to fight the election.

    DisAgree [3] Agree [16] Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    prakash, mangalore

    Serving notice to party members is for official clarification...
    If you think the notice will be issued only after confirmation, probably you do not know how the administration works..
    Probably some professionals like respected Jossey or Ismail can help you in teaching administration as you may not like to learn from me...

    DisAgree [13] Agree [2] Report Abuse

  • jeevan, mangalore

    Tue, Sep 09 2014

    Oct 10 ? BJP must explore to form the govt at earliest...

    DisAgree [21] Agree [8] Reply Report Abuse

  • steevan, Kundapura

    Tue, Sep 09 2014

    Oct 10 ? BJP must buy horses to form the govt at earliest...

    DisAgree [8] Agree [20] Reply Report Abuse

  • jeevan, mangalore

    Tue, Sep 09 2014

    Do you mean AAP is horse and Congi MLA's are Gada....

    DisAgree [20] Agree [8] Reply Report Abuse

  • Deepak, manglore

    Tue, Sep 09 2014

    GAI (COW) na horse jithna thez bhag sakthi hai...... na gadde jithna kaam kar sakthi hai.

    DisAgree [3] Agree [3] Report Abuse

  • steevan, mangalore

    Tue, Sep 09 2014

    Jeevan may be AAP is horse and Congi MLA's are Gada....by what name will you call the Buyer (BJP)?

    DisAgree [3] Agree [13] Report Abuse

  • jeevan, mangalore

    Tue, Sep 09 2014

    BJP is a single largest party and LG must invite to form govt....

    DisAgree [21] Agree [12] Reply Report Abuse

  • prakash, mangalore

    Tue, Sep 09 2014

    Without horse trading they can not form the govt.

    DisAgree [7] Agree [20] Reply Report Abuse

  • Indian, Mangalore

    Tue, Sep 09 2014

    When First LG invited them they told we don't have enough MLA's and now for what???? OPERATION KAMALA IN DELHI?????

    DisAgree [3] Agree [18] Reply Report Abuse

  • Mahendra Shetty, Mumbai Mangalore

    Tue, Sep 09 2014


    BIG JHATKA FOR AAP AND PAAP (CONGRESS).....

    DisAgree [25] Agree [10] Reply Report Abuse

  • Purushottam, Mangalore

    Tue, Sep 09 2014

    Hurry up, only one day remain for horse trading.

    DisAgree [10] Agree [17] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Purushottam, Mangalore

    My friend please read...
    It is October 10...!!!

    DisAgree [13] Agree [8] Reply Report Abuse

  • Amith, udupi

    Tue, Sep 09 2014

    so you agree on horse trading time till oct 10th ??

    DisAgree [7] Agree [26] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 09 2014

    Amith, udupi

    There is no need of horse trading as all are human beings here...
    Modi could convince whole India and got majority...
    Convincing few AAP MLAs is not a big task...
    But Modi has to jump into fray... not local leaders...

    DisAgree [16] Agree [1] Report Abuse


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Title: SC asks Centre to reply on fate of Delhi Assembly by Oct 10



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