Government of NCT of Delhi vs The Office of Lieutenant Governor of Delhi
2024 INSC 578
Coram: Hon’ble Chief Justice of India Dr. Dhananjaya Y Chandrachud, Hon’ble Justice Pamidighantam Sri Narasimha & Hon’ble Justice J.B. Pardiwala
Forum: Hon'ble Supreme Court of India
Case No.: Writ Petition (Civil) 348 of 2023
Date of Decision: August 05, 2024

Facts:

  • The Government of National Capital Territory of Delhi (hereinafter referred to as NCTD) responsible for Delhi Administration was the Petitioner.
  • The Respondent was the Office of Lieutenant Governor of Delhi, which handles statutory and administrative functions under the Delhi Municipal Corporation Act, 1957.
  • In the Delhi Municipal Corporation (hereinafter referred to as DMC) elections held on 4 December 2022, the Aam Aadmi Party obtained a majority by winning 134 out of 250 wards, while the Bharatiya Janata Party won 104 wards.
  • On 02.01.2023, the Municipal Secretary, DMC, sent a note countersigned by the Commissioner, DMC, stating that the Lt. Governor would nominate 10 persons to the Corporation under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred as DMC Act).
  • On 03.01.2023, the Lt. Governor nominated 10 members to the Corporation, and the nominations were published in the Delhi Gazette. Later, a minor correction was made, and the corrigendum was issued and published on 04.01.2023.
  • The Government of NCTD filed a writ of certiorari under Article 32 challenging the legality and propriety of the Lt. Governor's nominations. It sought to quash the notifications dated 03.01.2024 and 04.01.2024 and the directive for future nominations under section 3(3) (b)(i) of the DMC Act to be made with the aid and advice of the Council of Ministers.

Main Issue:

  1. Whether the Lt. Governor can exercise the power of nomination as a statutory duty, or is they bound by the aid and advice of the Council of Ministers under Article 239AA(4)? (Paragraph 1)