A bench of Chief Justice G Rohini and R S Endlaw also sought responses from the 21 AAP MLAs on the public interest litigation (PIL) which claimed that the appointment was “unconstitutional, illegal and without jurisdiction”.
“You (all respondents) take instruction over the issue and file your counter affidavit,” the bench said, adding that “the matter requires consideration, so the replies are necessary”.
The court has now listed the matter for July 1, before which all the authorities concerned are supposed to file their response.
The court was hearing the petition filed by NGO ‘Rashtriya Mukti Morcha’, which has sought direction to Ministry of Home Affairs, Kejriwal and LG Najeeb Jung to restrain the 21 Delhi Legislative Members from acting as Parliamentary Secretaries (PS) till the “final adjudication” of the plea.
The PIL has sought quashing of Kejriwal’s March 13 decision, saying the Chief Minister issued “unconstitutional and illegal order appointing 21 MLAs as PS in gross violation of the constitutional provisions of Article 239 AA of the Constitution of India and Section 44(2) and (3) of the Transaction of Business of the Government of the National Capital Territory of Delhi rules, 1993.”
It further alleged that Kejriwal has unconstitutionally and illegally administered oath of office and secrecy on April 27 to the 21 MLAs as PS “without any authority of laws and as such is ab-initio void”.
PTI