August,29,2016:
Delhi Govt. is filing a SLP against High Court order and also simultaneously maintain its pending Suit on the same issue.
The ApexvCourt today accused the Delhi’s Kejriwal govt. of attempting to initiate parallel proceedings on the issue of its ongoing tussle with the Lt Governor, Najeev Jung over sharing of powers by making the Supreme Court hear 2 petitions on the same issue.
The rap came for the govt. insisting on hearing of the pending suit while it is set to file an appeal against the Delhi HC order which had ruled that LG was the administrative head of the capital & wasn't bound by the aid and advice of the CM or the council of ministers.
A bench of Justices A K Sikri & N V Ramana asked the govt. why it was not withdrawing the suit when it had decided to file an Special Leave Petition against High Court order soon.
Delhi govt. counsel then urged some more time for filing the Special Leave Petition & sought suspension of the suit hearing which was granted. On Friday, the next hearing will take place.
Even while its plea in Delhi HC was pending, Delhi govt. moved the Supreme court under a rarely invoked provision – Article 131 of the Indian Constitution – which vests exclusive jurisdiction with the Apex Court over disputes between states of the Union & between the Union and its states.
Earlier similar request was made by the court to advocate Indira Jaising asking why suit was being kept alive.
She said the main question which they want the Supreme Court to answer is whether the dispute b/w AAP-Centre was a federal dispute coming under Article 131 of the Constitution or not.
She went on to contend that the High Court order was “invalid” as under article 131, only the Supreme court had the jurisdiction to adjudicate disputes between Centre & state.
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