New Delhi: The Supreme Court Thursday described as positive the reports that Lieutenant Governor Najeeb Jung would be consulting all the political parties in his efforts to form a government in Delhi.
A constitution bench of Chief Justice H.L. Dattu, Justice J.Chelameswar, Justice A.K.Sikri, Justice R.K.Agrawal and Justice Arun Mishra said that as per newspaper reports, there is a positive move by Jung to consult all parties in his efforts to form a government in Delhi.
At the onset of the hearing, Justice Chelameswar said: "We have seen newspaper reports. As of now what we have seen in newspapers there appears to be a positive move by the lt. governor (for breaking the stalemate)."
He also said that there could be minority government with outside support. The court said that there are situations with a party not having majority forms the government with outside support.
At this, Aam Aadmi Party counsel Prashant Bhushan said that this was another attempt to deny people of their right to have a representative government.
"Absolutely, we agree," Chief Justice Dattu said.
Bhushan said his party had no objection in giving the lt governor another chance to explore the possibility of forming the government, but it should be "time bound".
Giving another chance to the lt governor to explore possibility of forming the government, the court adjourned the hearing till Nov 11 to see how things move in the matter.
It also observed that if by chance, the lt. governor fails and the formation of the government is not possible, he may seek the advice of the president who will take a call.
"If the lt governor feels that that there can be a government... if the lt. governor feels that the possibility of (forming) government is not there (then) he may say so and seek the advice of the president. It is for the president to take a call," the court said giving a week's breathing period for the efforts.
In the course of the hearing of the matter Oct 28, the court had not appreciated the government's stand that the court could not issue any direction restricting the time available to the president in taking the decision.
