The Supreme Court on Tuesday told the Central government that horse-trading will continue if steps are not taken to form a government in the National Capital Territory.
"Things better be done at the earliest otherwise horse-trading will continue," a five-judge Constitution Bench led by Justice H.L. Dattu told the Centre.
The observation was made with reference to a footage released by AAP, the petitioner in the case, showing BJP leaders inducing its party MLA with money and perks to support the BJP in Delhi.
Additional Solicitor General P.S. Narasimha read out a letter dated September 4, 2014 from Lt. Governor Najeeb Jung to the President seeking his advice on inviting the BJP, as the single largest party, to form the government.
Mr. Narasimha said the process is legislative and the court could intervene only if there is a question of legality involved.
To this, Justice Dattu said the intention of the court is merely to "have the government formed".
"On this, the process has started. I can assure you we are serious about it, but being a legislative process, we need to be given some time," Mr. Narasimha replied.
The Centre sought time till October end, but the court refused, saying it is too long.
The ASG countered that the hurry on the part of the court could be misinterpreted by some as the petition is not a dispassionate one by a third party, but one filed by a political party in the thick of action.
The court said its decisions are neither "influenced nor enamoured" by any. The Bench asked the Centre to inform the status in the matter on October 10, the next date of hearing.
The petition filed by the Aam Aadmi Party is against the decision to impose President’s rule in Delhi, after the resignation of the Arvind Kejriwal government, on the recommendation of the Lieutenant Governor.
The February 20 plea alleged that the February 16 order imposing President’s rule was done to protect Congress leaders and former Delhi Chief Minister Sheila Dikshit and frustrate the investigation into corruption cases in which FIR was lodged by Arvind Kejriwal government.
“Apparently, the motive behind not dissolving the Delhi Legislative Assembly and holding fresh election is to allow a political party, which had badly lost the Delhi Legislative Assembly Election held in December 2013 and of which several important leaders including the Ministers in central government and the former Chief Minster are facing serious corruption charges," the petition had alleged.
It termed the decision arbitrary, malafide, illegal and a violation of the democratic rights of the citizens of Delhi.
It had said neither the BJP nor the Congress was in a position to form the government and they had expressed their unwillingness to do so.
The petition by the AAP and Saurabh Bhardwaj, Transport Minister in the Kejriwal Cabinet, said the imposition of President’s rule denied the citizens of Delhi an elected popular government.
It had questioned the Constitutional validity of keeping the fifth Assembly of the NCT of Delhi under suspended animation by ignoring the categorical recommendation of the majority government to dissolve the House.
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