“Don’t prejudge the issue”: LG tells Delhi HC in Jasmine Shah’s plea against removal from DDCD

The Delhi Lieutenant Governor on Wednesday submitted before the Delhi High Court that it should not "prejudge" the matter of Jasmine Shah's dismissal from his position as Vice Chairperson of the Dialogue and Development Commission of Delhi (DDCD) and instead should wait for the President's decision.

Additional Solicitor General (ASG) Sanjay Jain, representing the LG, Vinai Kumar Saxena submitted before the bench of Justice Prathiba M. Singh that the matter of Shah's removal is pending before the President and a court order on the same issue at this stage would "disturb the scheme of the Constitution".

Noting that the “President’s decision is awaited”, the single-judge bench adjourned the matter till May 24.

The court was hearing Shah's plea challenging November 17, 2022 order issued by the Director (Planning), Delhi government on LG's request to Chief Minister, Arvind Kejriwal to remove him from the post of Vice Chairperson of DDCD and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him.

Notably, in February, Senior Advocate Rajiv Nayar appearing for Shah had submitted that the Delhi Lieutenant Governor (LG) Vinai Kumar Saxena did not follow proper procedure while referring the case to the President of India and that it was not as per the Rules of Transaction of Business (Amendment), 2021.

The senior counsel had contended that neither the LG nor the Director of Planning had the authority to prevent Shah from carrying out his duties and that the power rests with the Legislative Assembly, and also that the power of appointment and removal rests solely with the Delhi Government.

Nayar had also contended that: “We have a situation where I have prima facie shown that except for entries 1, 2, and 18, the power is with the legislative assembly. It lies squarely within the scope of the appointment of the Delhi Government. The impugned order itself recognizes that Chief Minister alone can remove.”

Furthermore, he had argued, “Justice DY Chandrachud’s concurring opinion in the Constitution Bench judgment says that the difference of opinion cannot be a contrived difference. The Bench has said that the course of action mandated in the transaction of business (amendment) rules, 2021 must be followed... It is only after the consultation with the council of ministers that the matter goes to the President”.

It is to be noted that on December 13, 2022 Justice Singh was informed through an affidavit filed by the Director (Planning) of the Delhi government that as per Article 239AA of the Constitution of India, the LG had ordered that Shah be barred from entering the DDCD office until the President makes a decision on the matter.

Earlier, in November 2022, the Delhi Government informed the high court that it has directed the planning department to “rescind orders” restricting Shah, Vice  Chairperson of the DDCD from using his office, as well as the order of the LG wherein he requested the Delhi CM to remove Shah from his post for allegedly misusing public office.

Shah had moved the high court against LG’s decision, barring him from using “any privileges in the office of VC, DDCD, with immediate effect”.

The action against Shah was taken after a complaint was made by Bhartiya Janta Party (BJP) MP Parvesh Verma, where he stated that Shah while working as the VC of DDCD, acted as the official spokesperson of the Aam Aadmi Party, which violated the law.

Jasmine Shah joined AAP in 2014 and was appointed as the Vice Chairperson of the DDCD in 2018.

Case Title: Jasmine Shah v. Director (Planning) Govt. of NCT of Delhi & Ors.

Statute: Rules of Transaction of Business (Amendment), 2021