Should LG be part of plea against Delhil assembly session, asks High Court


Delhi High Court today sought the Centre’s response on whether the Lieutenant Governor was a necessary part of litigation pertaining to alleged illegal convening of a two-day session of Delhi Legislative Assembly.

The court was hearing a plea challenging the legality of the two-day winter session of the Assembly held on January 17 -18, 2017, and the decisions taken during the sitting.

Justice Sanjeev Sachdeva issued notice to the Ministry of Home Affairs (MHA) and the Secretary of the Legislative Assembly seeking their replies by March 2 on whether the LG’s office was required to be heard in the matter.

The order came after Additional Solicitor General (ASG) Sanjay Jain said though the Speaker convenes the Assembly, it is the LG who issues summons to the MLAs to appear for the session.

The ASG also said that the executive functions of LG are “controlled by the MHA ultimately”.

The petition was filed by lawyer Prashant Kumar Umrao, alleging that the two-day session was illegally held.

The plea, filed through advocate R P Luthra, has claimed that by not inviting the LG to address the Delhi Legislative Assembly, the AAP government was “dishonouring” his office.

The petition also said that the rules stipulated that at commencement of the first session each year, LG shall address the House.

When the two-day session of the Assembly commenced, Leader of Opposition Vijender Gupta had objected to it saying by not inviting new Lt Governor Anil Baijal to address the “first session of the year”, the government has “violated and misused” rules.

Speaker Ram Niwas Goel had rejected Gupta’s charge, saying this sitting was not a new session in a new calender year but was part of last year’s Winter Session.