Thread by @barandbench

#SupremeCourt to hear petition by AAP led Delhi government challenging the appointment of 10 aldermen by the Lieutenant Governor (LG) Vinai Saxena in the Municipal Corporation of Delhi (MCD)
@LtGovDelhi @AamAadmiParty @ArvindKejriwal

CJI: When was it last listed ?

Sr Adv AM Singhvi: May 12

Singhvi: please take the short note. It is just an extract.

Singhvi: Please see 3(a), (b) and (i): 10 persons not less than 25 years of age..

CJI: There is no estoppel against you to say the Nabam Rebia was wrongly decided.but even then this case is covered by our judgment

Singhvi: grace required that LG withdraws and agree but I have… twitter.com/i/web/status/1…

Singhvi: There are 12 zones, 12 ward committees and aldermen can be appointed to any committee.

Singhvi: first time LG has directly appointed and earlier it was always on aid and advice

CJI: This act does it give an independent power to LG

Singhvi: no it does not and also in last 30 years.. see.. nothing like this happened. Counter says due to 9A Lg Will act in this way

ASG Sanjay Jain: please see the 27 page counter.

CJI: show us what is the source of power for you to nominate

ASG: Concept of aid and advise in context of administrator power is different than the one being portrayed

CJI: show us the source of power for @LtGovDelhi

CJI: does the constitution recognise the power of LG to appoint alderman..

ASG: Municipal corporation is covered by Article 243 of the Constitution

ASG: The appointed aldermen are also before you since an order by your bench could be one of quo warranto

CJI: please see article 243(R) of the Constitution of India

ASG: Nominating the aldermen is the discussion behind discussing the primary object and reasons of the act.. along with insertion of definition of administrator and govt.. aid and advice is only for 239AA and has no relevance for Article 243R...

CJI: So when act used the term admnistrator, LG and the government. so here the power to appoint alderman is for administrator and not the LG? Where is your counter?

ASG: We have emailed it

CJI: Let us read the counter and continue with the matter tomorrow

#DelhivsLG

CJI: We do not have a very heavy board tomorrow. their argument is under municipal law there is no aid and advice

ASG: there is a separate constitutional amendment for this

Matter to be taken up tomorrow

#SupremeCourtofIndia