Delhi PWD Minister Atishi on Sunday (April 30) wrote to Lieutenant Governor V K Saxena, accusing him of being "unconstitutional" and "undemocratic" in his orders seeking the seizure of records and directing executive action in connection with the renovation of Chief Minister Arvind Kejriwal's official residence. She urged the LG to "withdraw his communication" and "restore the scheme of governance intended by the Constitution for Delhi and its people" in the letter.
"We hope you will not force the elected government to go to court again because of your actions," Atishi said.
In the midst of a dispute over crores of rupees spent on renovating Kejriwal's official residence, Saxena has directed officials to secure expenditure records and requested a report on the matter within 15 days.
The Bharatiya Janata Party (BJP) on Sunday has declared an indefinite sit-in outside Kejriwal's house in protest of his alleged Rs 45 crore renovation.
The Centre-ruling party has been criticising Kejriwal and the AAP, claiming that Rs 45 crore was spent on renovating the chief minister's residence at 6, Flagstaff Road in 2020-22. The Aam Aadmi Party (AAP) responded by arguing that the BJP misused the situation to divert attention away from more pressing issues.
A Raj Niwas order issued on April 27 cited reports of alleged "gross irregularities" in the Public Works Department's (PWD) renovation of the CM residence. Atishi described his communication as "unconstitutional" and "undemocratic" in her letter to the LG.
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NOT IN DELHI LG'S JURISDICTION, COMPLETELY 'UNCONSTITUTIONAL': ATISHI
Atishi stated that as the city's PWD minister, she is primarily responsible for all government business pertaining to the department.
She claimed that the Lieutenant Governor's letter requesting the seizure of records and directing executive action is entirely outside the Lieutenant Governor's jurisdiction and authority, and that it bypasses the minister and the council of ministers involved, who are democratically responsible for the Delhi government's business.
"As per Rule 4(2) of the Transaction of Business of the Government of the National Capital Territory of Delhi Rules, 1993 ('ToBR'), I find myself compelled by my constitutional duty to the people of Delhi in whose name I hold my mandate, to write to you regarding my concerns with the unconstitutional and undemocratic nature of your communication dated April 27," the letter read.
The minister also stated that the L-G's letter is politically motivated.
"Needless to say, the insinuations and allegations contained in the letter are without merit and have been made for political reasons," she added.
Citing the Constitution's scheme for the governance of Delhi as incorporated in Article 239AA and explained by the Supreme Court in 2018, Atishi stated that the apex court had observed that the Lieutenant Governor of Delhi is bound by the aid and advice of the council of ministers, and he has not been entrusted with any independent decision-making power.
Noting that the LG is empowered under Rule 19(5) of the ToBR to seek information about decisions made by the council of ministers - information that the ministers do not wish to deny - she stated that he has no authority to direct executive action of any kind.
Atishi warned that the continued displacement of the constitutional scheme under Article 239AA would deprive the people of Delhi of their democratic mandate.
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BJP TO SIT ON INDEFINITE PROTEST OUTSIDE KEJRIWAL'S HOME:
The Delhi BJP will stage an indefinite sit-in outside Chief Minister Arvind Kejriwal's house in protest of the alleged Rs 45 crore renovation of his official residence.
The party will hold a sit-in outside Kejriwal's official residence, 6, Flagstaff Road in Civil Lines, beginning Monday, according to Delhi BJP President Virendra Sachdeva, PTI reported.
The most shameful thing about this is that it occurred at a time when Corona was at its peak in Delhi, with hundreds of people dying every day, according to Sachdeva. According to BJP MP Harsh Vardhan, the dharna will be led by workers from Keshav Puram and Chandni Chowk districts.