New Development In Delhi Lt Governor vs. AAP: Party Picks On Private Discoms Removed
The decision is “unconstitutional and illegal,” according to AAP, who further noted that only the elected government has the authority to issue decrees regarding electricity.
The Delhi Lieutenant Governor, VK Saxena, today removed two candidates backed by the Aam Aadmi Party from the boards of private power distribution corporations, dealing a serious blow to the party. On the boards of privately owned discoms BYPL, BRPL (Anil Ambani), and NDPDCL, Mr. Saxena withdrew AAP spokesperson Jasmine Shah and Naveen ND Gupta, the son of AAP MP ND Gupta, alleging that they had been improperly appointed as “government nominees” (Tata). Senior government officials have taken the place of the AAP nominees.
The decision is “unconstitutional and illegal,” according to AAP, who further noted that only the elected government has the authority to issue decrees regarding electricity. “The Constitution and all rulings from the Supreme Court have been completely disregarded by the LG. He frequently states in public that he is not bound by SC orders,” said the party.
Based on a report by the Chief Secretary that claimed the AAP nominees gave financial benefits to private discoms at the expense of the state exchequer, VK Saxena has asked for their removal.
Earlier, AAP dismissed the claims, claiming that discoms were routinely audited in accordance with cabinet directives.
“They had worked together with private representatives on the boards of Anil Ambani-owned discoms and benefitted them to the tune of Rs. 8,000 crore at the expense of the public exchequer,” the LG’s decision stated.
As has been customary since Sheila Dikshit’s tenure as chief minister, when these discoms were created, the statement continued, “Finance Secretary, Power secretary, and MD, Delhi Transco will now represent the government on these Ambani and Tata owned discoms.
Before the Chief Minister Arvind Kejriwal-led AAP administration nominated party officials, the Lieutenant Governor said that naming top government officials to these boards was standard procedure.
After the Arvind Kejriwal administration insisted on their continuation on these boards “despite demonstrable misbehaviour and malevolence on their part,” VK Saxena pleaded “difference of opinion” under Article 239AA of the Constitution.
Earlier, Mr. Saxena had asked the President to decide on the case.
The ruling stated that top government officials were nominated by the Delhi government, which holds a 49% ownership in private discoms, “so that the interests of the government and people of Delhi may be taken care of in decisions taken by the discom boards.”
“However, these AAP nominees on the discoms, in a quid pro quo arrangement involving commissions and kickbacks, instead of acting vigilant in the interest of the people and government of Delhi, acted in cahoots with the BRPL and BYPL boards, facilitated their decision to decrease the LPSC rates from 18% to 12%, and in the process unduly benefitted them to the tune of 8468 crore – an amount.
Jasmine Shah was fired from her position as vice chair of the Delhi government’s think tank Dialogue and Development Commission of Delhi (DDCD) in November of last year for allegedly abusing the position for her own political gain. Following a directive issued by the Lieutenant Governor on November 17, the state planning agency sealed his office space.
The DDCD vice chairperson holds the position of Cabinet minister and is qualified to receive the benefits and privileges accorded to ministers of the Delhi government, including official quarters, an office, a vehicle, and personal staff.
Arvind Kejriwal and his party have been engaged in a protracted battle with the lieutenant governor chosen by the centre.
According to Mr. Kejriwal, a 2018 Supreme Court decision states that the LG lacks independent decision-making authority. Police, land, and public order, according to him, are under the LG’s purview, while Delhi’s elected administration is in charge of all other matters.
The Supreme Court’s Constitution Bench issued an order on July 4, 2018, stating that “the Lieutenant Governor has not been entrusted with any autonomous decision-making power (in the context of the transferred subjects).”
The order further states, “There is no independent authority vested in Lieutenant Governor to take decisions, except on matters where he exercises his discretion as a judicial or quasi-judicial authority under any law,” which suggests that the LG only has an independent authority in situations where the LG may be required to act like a judge who settles disputes between parties, Mr. Kejriwal said.
Following their over-an-hour-long meeting last month, the Delhi Chief Minister stated that the Lieutenant Governor has been interfering with the elected government’s operations more and more frequently over the previous few months.
In response to Kejriwal’s claims, a Raj Niwas representative claimed that all of them were “misleading, plainly false, and invented and manipulated to fit a certain purpose.”
Arvind Kejriwal asked the LG to refrain from “politicising the existence and survival of Delhiites,” claiming that doing so would set a bad example for the future.