Difference of opinion between LG & CM on Jasmine Shah's Removal from DDCD; matter referred to President: Delhi HC told
Aam Aadmi Party Leader Jasmine Shah moved the High Court against the Lieutenant Governor's order restricting him from discharging his functions and duties as Vice-Chairperson of the Dialogue and Development Commission of Delhi.
The Delhi High Court on Tuesday was informed that due to a difference of opinion between Delhi Lieutenant Governor (LG) Vinai Kumar Saxena and Chief Minister Arvind Kejriwal on LG’s directions to restrain Aam Aadmi Party Leader Jasmine Shah from performing his duties at the Dialogue and Development Commission of Delhi (DDCD) office, the matter has been referred to the President.
Justice Prathiba M. 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 has ordered that Shah be barred from entering the DDCD office until the President makes a decision on the matter.
On November 28, 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.
The single-judge bench was hearing a plea filed by Shah against Lieutenant Governor (LG) Vinai Kumar Saxena's order restricting him from discharging his functions and duties as Vice-Chairperson of the DDCD.
During an earlier hearing in the matter in November, Justice Yashwant Varma had said that “We are only concerned with the jurisdiction of the Lieutenant Governor in giving such orders”.
Shah moved the High Court against LG’s decision, barring him from using “any privileges in the office of VC, DDDC, with immediate effect”. The action 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 DDDC, acted as the official spokesperson of the Aam Aadmi Party, which violates the law.
Jasmine joined the AAP in 2014 and was appointed as the Vice-Chairperson of the DDDC in 2018.
Case Title: Jasmine Shah v. Director (Planning) Govt. of NCT of Delhi & Ors.