New Delhi, Feb 16 The Aam Aadmi Party (AAP) on Thursday alleged that the Lieutenant Governor of Delhi, V.K. Saxena, is continuing to trample upon the mandate of the elected government in the national capital.
AAP leader Atishi alleged that the L-G had illegally and unconstitutionally formed the Haj Committee and also held elections for the post of its Chairman.
Explaining the legal provisions in the matter, Atishi said that the Haj Committee comes under the Revenue Department of Delhi government and therefore just like subjects such as schools, hospitals, electricity and water, it comes under the list of 'Transferred Subjects'.
"The Constitution of India and orders of the Constitution Bench make it very clear that the L-G does not have any independent decision-making power on 'Transferred Subjects'. The L-G does not have any independent decision-making power in this matter, as clearly stated in the Constitution of India, and orders of the Constitution Bench," Atishi said while addressing the media.
"The state government constitutes the Haj Committee, as shown in Section 17 of The Haj Committee Act, 2002. There is no dispute as to the competent authority to constitute the committee, as Constitutional principles, decisions of the Supreme Court, as well as the Haj Committee Act, clearly vest this power on the elected government of State, i.e., the Council of Ministers," she said.
She added that the state government had sent a list of members, who were to be picked as members of the Haj Committee, to the L-G, but he made changes to the list and formed the committee without informing the AAP government.
"After that the LG also got the Haj Committee notified by threatening officials and warning them that they would be sacked if they did not notify the Haj Committee. Further, the L-G on also ordered election for the post of Chairman for the Haj Committee. All the three things here are illegal - the formation of the committee, the order to notify it and also the election to pick the Chairman of the committee," she claimed.
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