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Setback for AAP as SC refuses to issue notice to Congress, BJP

In a huge setback for the Aap Aadmi Party (AAP), the Supreme Court on Monday refused to issue a notice to BJP and Congress in response to its petition challenging the imposition of President’s rule in Delhi.

The apex court also sought a response from the Centre in this regard within ten days.

A bench comprising justices RM Lodha and Dipak Misra issued notice to the Centre asking it to respond within 10 days on the issue raised by the AAP.

The bench, which posted the matter for hearing on March 7, refrained from issuing notice to BJP and Congress which were made party in the petition, saying it only wants to deal with the constitutional issue and does not want to have a political contest.

“It is a constitutional issue so whoever has passed the order has to answer,” the bench said and added, “We don’t want it to be a political contest”.

When it was stated that allegations have been made against the two parties, the bench said it will see when it will come. Senior advocate Fali S Nariman appeared for the AAP and explained the facts which led to the filing of the petition.

Earlier, on February 21, the apex court had agreed to hear on Feb 24 the petition seeking a direction to the Lieutenant Governor to dissolve Delhi Assembly and hold fresh polls along with Lok Sabha elections.

Advocate Prashant Bhushan, who had appeared for AAP, had said there was no possibility of any alternate government in Delhi and the Lieutenant Governor should have dissolved the Assembly.

The joint petition filed on the basis of newspaper reports and documents available in public domain by AAP and Saurabh Bhardwaj, who was the Transport Minister in Kejriwal Cabinet, challenged the decision to impose President’s rule in Delhi on the recommendation of the Lieutenant Governor alleging it was done to protect Congress leaders and former Chief Minister Sheila Dikshit from corruption charges.

It contended that the February 16 order imposing President’s rule was with a motive to frustrate the ongoing investigation in those corruption cases in which FIR has been lodged by the Arvind Kejriwal government.

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