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Omg!  Delhi LG Sectt. has no Information on Kejriwal’s Cabinet Recommendation over Dissolution of 6th Delhi Assembly

On 11 Feb 2020, the day of counting of votes in seventh  Delhi Assembly General Elections 2020, the Lieutenant Governor (LG) of National Capital Territory (NCT) of Delhi, Anil Baijal issued an order under Section 6(2)(b) of Government of NCT of Delhi Act, 1991 dissolving the then existing sixth Legislative Assembly and this Order also got  published as Gazette Notification by Delhi Legislative Assembly the same day itself. Being a member of legal fraternity and as a Citizen of India, this writer-advocate Hemant Kumar seriously wonders that when the term of sixth Assembly was till 22 Feb 2020, why LG ordered dissolution of the same on Counting Day itself and that too even  before completion of counting process ? Also if LG ordered such dissolution on his own or else on recommendation of Arvind Kejriwal’s Cabinet ?  As per Parliamentary Conventions, the President of India/Governor of the State dissolves Lok Sabha /Legislative Assembly on recommendation of Union/State Cabinet except in certain exceptional circumstances when either the Government of the day looses confidence of the House or if formation of new/alternative Government is not possible after General Elections or outcome of Confidence/Trust Vote wherein erstwhile ruling dispensation fails to secure such Vote in the House respectively. Pertinent that six years back in Feb, 2014, then LG of Delhi Najeeb Jung recommended President’s Rule in NCT of Delhi after Kejriwal resigned as CM on Feb 14, 2014 and thereafter in Nov, 2014 then President of India dissolved then fifth Delhi Assembly. Be that as it may, since the newly elected  Assembly is deemed to have been come into effect as and when the Election Commission of India (ECI) issues Notification under Section 73 of Representation of People Act, 1951 containing names of all newly elected MLAs which  got issued/notified on Feb 12, 2020.  Be that as it may, it  remains to be seen how LG dissolved the sixth Legislative  Assembly even before issuance of such Notification  and that if perhaps sans Kejriwal’s Cabinet recommendation?. Meanwhile, when this writer-advocate on Feb 12, 2020 filed an online RTI with Delhi LG Secretariat seeking information and copy of  Arvind Kejriwal’s Cabinet recommendation with respect of dissolution of sixth Legislative Assembly as sent  to the LG, the reply dated 17 Feb 2020 as received from LG Sectt  reveals that it has no information in this regard. Furthermore, it has also rather transferred ibid RTI to Department of Law, Justice and Legislative Affairs of Government of NCT of Delhi for reasons best known to it. Hemant says he is foxed if recommendation of then Delhi’s Cabinet as made to LG, if so, is supposed to be in custody & records of LG Sectt or else Law Department of Delhi Government?

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