The special session should not be convened, he said. (file)
Delhi Lieutenant Governor VK Saxena today flagged what he said were grave procedural lapses on the part of the Aam Aadmi Party-led Delhi government in convening a one-day special session of the Delhi Assembly on Monday. The special session has been recommended by the Delhi Cabinet without any specified legislative business, which would have allowed the members of the House to come prepared for fruitful deliberations, he said and claimed it doesn't follow due procedure. It should not be convened, he said.
"I fail to understand as to under what circumstances and under which provision of the GNCTD Act 1991 the Second Part of the Fourth Session (Budget Session) of the Seventh Legislative Assembly has been convened instead of moving a proposal for Prorogation of the Budget Session and convening of the "One Day Session" as per the Cabinet Decision," Mr Saxena said.
Senior AAP leader and Delhi minister Saurabh Bharadwaj hit back at him with a set of rules on "Adjournment of the House and procedure for reconvening".
"Let me enlighten LG saab - Under Rule 17 of the Rules of Procedure and Conduct of Business in Delhi Assembly, Honble Speaker has the power to call a sitting of the House "at any time after the House has been adjourned sine-die," he tweeted, adding, "However as per prevailing parliamentary practice the Speaker convenes only on the recommendation of the Cabinet. The House has not been prorogued and prorogation can be done only on the recommendation of the Cabinet."
The Speaker of the Delhi Legislative Assembly has proposed to call the second part of the fourth session of the Assembly, whereas the Delhi Cabinet has recommended for convening the one-day session of the Delhi Legislative Assembly.
"As there was no recommendation of the Cabinet for prorogation, the Hon'ble Speaker rightly summoned the House under Rule 17(2)," said Mr Bharadwaj.
As per the rules and Act of the house, which was adjourned sine die on March 29, the Assembly has to be first prorogued, before a fresh session can be convened.
"It is very unfortunate to bring it on record that consequent to the Cabinet Decision, a proposal to Prorogue the Budget Session, already adjourned sine-die on the 29.03.2023 or Summoning of One day Session of the Assembly as per the aforesaid Cabinet Decision has not been received in my Secretariat," the LG said.
Delhi Cabinet and Delhi Legislative Assembly are not working in tandem as per the extant law, which has been brought to the notice of the Chief Minister by the Lt Governor, Mr Saxena said.
"I expect that in the interest of democratic values enshrined in the Constitution, such statutory procedures and parliamentary practices should not be ignored and done away with," the LG said, advising the Delhi government to direct the concerned department to submit an appropriate proposal to prorogue the Budget Session with immediate effect and for summoning "One Day Session" in accordance with laws.
The Arvind Kejriwal government had called the special session to discuss the Central Bureau of Investigation's summons to the Chief Minister in the liquor policy case.
Mr Kejriwal's deputy Manish Sisodia is already in jail for alleged corruption in framing the liquor policy case, which was scrapped later.
The Aam Aadmi Party (AAP) government has alleged the centre has weaponised the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to go after opposition leaders with false cases.