Further, the joint petition filed on the basis of newspaper reports and documents available in public domain by AAP and Saurabh Bhardwaj, who was the Transport Minister in Kejriwal Cabinet, raised constitutional questions to keep the assembly under suspended animation by ignoring the categorical recommendation of the majority government of the NCT of Delhi for dissolving the House.
The petition said imposition of the President's rule has denied the citizens of Delhi their democratic right to have an elected popular government.
"The aforesaid order also suffers from malice-in-law since whilst exercising the discretionary power, the constitutional authorities have failed to take matters into account which they ought to have taken into account and used this power for an unauthorised purpose," the petition filed through advocate Kamini Jaiswal said.
"While imposing the President's Rule on the NCT of Delhi, the 5th Assembly of the NCT of Delhi has not been dissolved. The President of India while imposing President's Rule under Article 239 AB (1) of the Constitution vide the impugned order suspended operations of clause 3(a), 4, 5 and 6 of Article 239 AA which are special provisions with respect to Delhi and deal with powers of legislatures, council of Ministers etc.
"Apart from suspending some of the provisions of the Government of National Capital Territory of Delhi Act, 1991, but did not suspend the operation of the provision of clause 2 (a) of Article 239 AA which provides that there shall be a Legislative Assembly and thus, assumed power of legislatures, council of Ministers etc. Without suspending Legislative Assembly," the petition said.
"In the present case, it was incumbent on the President, after assuming to himself all the powers of the Lt. Governor to himself, of course with aid and advice of the Council of Ministers, to exercise the power to dissolve the Assembly especially since there was no possibility whatever of the formation of any other government since other main political parties (viz. BJP and Congress) had already expressed their unwillingness and inability to form a government," the petition said.
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