New Delhi, Feb 9 The Delhi High Court on Thursday listed Aam Aadmi Party (AAP) politician Jasmine Shah's plea challenging Lieutenant Governor (L-G) V.K. Saxena's decision to restrict him from "discharging his duties" as the vice-chairman of the Dialogue and Development Commission of Delhi (DDC) and from using any privilege and facilities associated with the office, for March 15.
Appearing for Shah, senior advocate Rajiv Nayar said that the entire power lies within the Legislative Assembly and power of appointment and removal is only with the Chief Minister.
Referring to the Transaction of Business (Amendment) Rules, Nayar said: "The course of action of the rules should be followed by the L-G with reference to Chief Minister or its counsels."
After taking note of the submission by Nayar, the court directed respondents in the case to file written submissions if any by March 6 and listed the matter for the next hearing submissions of Additional Solicitor General Sanjay Jain on March 15.
The High Court on December 13, 2023, held that in the absence of consensus between Chief Minister Arvind Kejriwal and L-G Saxena on removal of Shah as DDCD chairman, the matter has been referred to the President.
The court was also informed that in the exercise of powers under Article 239AA, the L-G has ordered that Shah will not be allowed into the DDCD office till the President takes a call on the issue.
The L-G in response had said that until the President returns a decision on the matter, it would be prudent for the parties to take no further action.
On November 28, 2022, the High Court had sought a response from the L-G after Shah moved it challenging Saxena's actions.
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