New Delhi, July 5 (IANS) The hearing on the Delhi government’s plea that its row with the centre on issues of governance can only be decided by the apex court was deferred on Tuesday as bench of Justice Anil R. Dave and Justice L. Nageswara Rao also opted not to hear the matter and recused themselves.
Later upon a mentioning by the senior counsel Indira Jaisinh before the bench headed by the Chief Justice T.S.Thakur, the Chief Justice said the matter would be heard on the next working day.
The top court will have Eid holiday on Wednesday and Thursday.
Originally the Supreme Court in its calendar for 2016 had declared July 6 as Eid holiday but on Tuesday it was shifted to July 7. Thus court registry would function normally on Wednesday but the court will not be sitting.
Thus the plea by the Delhi government is likely to come up for hearing on Friday.
Before the bench of Justice Dave and Justice Rao refused to hear the Delhi government’s plea today, the bench of Justice Jagdish Singh Khehar and Justice Arun Mishra had on Monday also opted not to hear it.
The Delhi government has moved the top court contending that the dispute over jurisdiction between the central and the Delhi governments over the administration of the national capital could not be adjudicated by the Delhi High Court. It has contended that under Article 131 of the constitution it was Supreme Court alone that can decided on matter involving disputes between the Centre and the States.
The Arvind Kejriwal government moved the top court after Delhi High Court had on May 24 reserved its order on a batch of applications by Delhi government seeking a stay on the proceedings over the powers of the Lt. Governor over governance in the NCT of Delhi.
The Delhi government had sought a stay on the hearing on these petitions saying the issues involves a dispute of a federal nature between the central and state government and the same can only be heard by the top court under Article 131 of the constitution.
Despite the Delhi government contending that it was the apex court alone that could hear issues involving disputes between the Centre and the States, the High Court heard arguments on 11 different matters relating to squabble between the Lt. Governor and the Kejriwal government on issues including powers to appoint bureaucrats, and the head of the Anti-Corruption Bureau.