SC refused to stay HC order saying governor Jung, not Arvind Kejriwal, is head of Delhi administration.
Supreme Court today sought the centre's response on six appeals filed by the Delhi government challenging the High Court judgment which held that the Lieutenant Governor, and not the chief minister, is the administrative head of Delhi.
While admitting Delhi government's plea, the bench of justices AK Sikri and NV Ramana refused to stay the High Court verdict and instead listed the matter for final hearing on November 15.
Importantly the top court disagreed with Delhi government's contention that the three-member committee formed by the governor to look into the past decisions of Chief Minister Arvind Kejriwal should be stayed till the final hearing.
On September 2, the Delhi government had informed the top court that it had filed six different pleas challenging the Delhi High Court's August 4 decision, and had also withdrawn its civil suit seeking declaration of the national capital as a full state.
The bench said it may consider referring the petitions to a larger bench after hearing arguments.
Attorney General Mukul Rohatgi, appearing for the Centre, raised various preliminary objections and sought dismissal of the appeals on various grounds, including that instead of a secretary, the deputy chief minister had sworn an affidavit in support of the petition.
Senior advocate KK Venugopal, who represented Delhi government, said the minister had to swear the affidavit because of the effect of the judgment that there has to be a prior consent of Lieutenant Governor in every decision of the government.
"No public servant is willing to sign the papers," Mr Venugopal said.
Earlier, the High Court had held that Delhi will continue to remain a Union Territory under the constitution with the Lieutenant Governor as its administrative head. The High Court had in its August 4 verdict said that the special constitutional provision Article 239AA dealing with Delhi does not "dilute" the effect of Article 239 which relates to Union Territory and hence, concurrence of the LG in administrative issues was "mandatory".
It did not accept AAP government's contention that Lieutenant Governor was bound to act only on the aid and advice of the Chief Minister and his Council of Ministers with regard to making of laws by the Legislative Assembly under the Article 239AA and termed it as "without substance".
"On a reading of Article 239 and Article 239AA of the Constitution together with the provisions of the GNCT of Delhi Act, 1991 and Transaction of Business of the Government of NCT of Delhi Rules, 1993, it becomes manifest that Delhi continues to be Union Territory even after Constitution (69th Amendment) Act, 1991 inserting Article 239AA making special provisions with respect to Delhi," the HC had said.
The High Court, which had rejected almost all the contentions of Delhi government, however agreed with its submission that the Lieutenant Governor will have to act on its aid and advice in appointment of special public prosecutors.