The Delhi High Court has dismissed a petition filed by BJP MLAs, seeking directions to present the Comptroller and Auditor General (CAG) report in the Delhi Assembly. Justice Sachin Dutta’s bench acknowledged an unexpected delay but ruled that the court cannot interfere with the proceedings of the Assembly. The decision was reserved on January 16 after hearing arguments from all parties involved.
During the hearings, the Speaker of the Delhi Assembly and a lawyer representing the Delhi Government opposed the petition, arguing that it was unnecessary to table the CAG report, especially with the upcoming Assembly elections. The Assembly Secretariat further stated that since the term of the Assembly is ending in February, presenting the report at this stage would serve no meaningful purpose.
Petitioners’ Argument And Political Context
Senior advocate Mahesh Jethmalani, representing the petitioners, countered these claims, stating that the Delhi Government was taking advantage of its own delay. He emphasized the importance of the CAG report for both the Assembly and the public. Jethmalani argue that the opposition leader, as an Assembly member, hold a constitutional right to ensure the report table and that allowing the government to evade this responsibility would undermine the Constitution.
The issue dates back to December 16, when Delhi’s Lieutenant Governor, VK Saxena, wrote to Chief Minister Atishi regarding 14 pending CAG reports. Saxena urged the Chief Minister to convene a special session of the Assembly to present the reports, accusing the Delhi Government of failing to fulfill its constitutional duties by not tabling the reports on time.
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