The Supreme Court on Monday refused to entertain a PIL challenging law establishing pre-eminence of the Lieutenant governor over the elected dispensation in controlling services in the national capital, stating that it is already seized of a plea of the Delhi government.
A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and Manoj Misra stated that the Delhi government has already challenged the amended law and no fresh PIL was needed.
The bench stated while adding that it may consider imposing a cost on the petitioner and this led to withdrawal of the PIL, “Why have you come here…?The Delhi government has already challenged it.”
While refusing to entertain the PIL filed by lawyer Mukesh Kumar in his personal capacity, the bench made clear that in its order, it will not “affect the pendency” of prior petition of the Delhi government.
Earlier on August 25, the apex court permitted the Delhi government to amend its petition challenging the Central government’s ordinance after taking note that a law was enacted subsequently.
Amending the petition becomes necessary after the ordinance was replaced by a law.
Parliament cleared the Government of National Capital Territory of Delhi (Amendment) Bill 2023, also known as the Delhi Services Bill, giving the Lieutenant Governor sweeping control over service matters. After the president gave her assent, the bill became a law.
Earlier, the top court referred to a 5-judge constitution bench the Delhi government’s plea challenging the Centre’s May 19 ordinance which took away the control over services from the city dispensation and set off a fresh tussle between the two power centres.
On May 19, the Centre promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 for creating an authority for transfering and posting of Group-A officers in Delhi.
The Aam Aadmi Party government termed it a “deception” with the Supreme Court verdict on control of services. The matter is pending in the Supreme Court.