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LG is not bound by government’s advice in Delhi, rules High Court

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New Delhi: In a huge setback for the Arvind Kejriwal Government, the Delhi High Court today held that the LG is the administrative head of National Capital Territory and the AAP Government’s contention that he is bound to act on the advice of Council of Ministers was “without substance”.

The decision comes after months-long turf war between LG Najeeb Jung and Kejriwal for the reins of Delhi.

A bench of Chief Justice G Rohini and Justice Jayant Nath dismissed AAP Government’s plea challenging the Centre’s May 21, 2015, notification giving absolute powers to LG in appointing bureaucrats in the national capital.

The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of LG.

The bench, in its 194-page judgement, said the AAP Government’s contention that the LG is bound to act on the aid and advice of Council of Ministers was “without substance and cannot be accepted”.

After pronouncement of the verdict, the Delhi Government’s senior standing counsel Rahul Mehra said they will immediately file a Special Leave Petition against the judgement in the Supreme Court.

PTI

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