Days after the lieutenant governor VK Saxena sought a report on the renovation of chief minister Arvind Kejriwal’s residence, Public Works Department (PWD) minister Atishi on Sunday shot back and wrote a letter addressed to the LG, alleging that his action was “unconstitutional and undemocratic ”.
The minister said he is primarily responsible for all government business related to PWD, and the LG’s letter “bypasses the minister concerned”.
She requested the LG to withdraw her communication to the chief secretary, adding that she hopes that “the elected government will not be forced to approach the court once again in view of your (the LG’s) actions”.
The LG hit back, saying that he has issued the orders using his “constitutional power”.
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“As per Rule 4(2) of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993 (ToBR), I find myself compelled by my constitutional duty to the people of Delhi in whose name I hold my mandate, to write to you regarding my concerns with the unconstitutional and undemocratic nature of your communication dated April 27, 2023,” Atishi’s letter said.
The controversy pertains to the ₹44.78 crore spent by PWD on renovations at the CM’s official residence at Civil Lines. HT reported on Saturday that the details of the expenditure might be examined by authorities to check if the expenditure was in violation of the rules. Although the details of the expenditure were sought from PWD, the official who spoke to HT did not reveal which agency sought the details.
On April 27, the LG directed chief secretary Naresh Kumar to secure all relevant records, examine the records, and submit a report on the “alleged gross irregularities committed while carrying out the renovation” within 15 days for his company.
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Atishi said that the “insinuations and allegations made by the LG are baseless and devoid of merit and have been made for political reasons.”
She added that under Article 239AA of the Constitution and according to the Supreme Court orders, the lieutenant governor of Delhi is “bound by the aid and advice of the Council of Ministers, and he has not been entrusted with any independent decision-making power.”
“Your letter by directing those certain records be seized and taken into protective custody and further directing the submission of a report on the same to your office, grossly oversteps the limited jurisdiction conferred on the lieutenant governor’s office by the constitutional scheme. The communication does not exercise the power to seek information at all. “It issues executive orders, a power not conferred on the LG office,” she wrote.
The LG, however, said that he has always followed the rulebook. “I know my powers and limitations as well. I’ve gone through every legal and constitutional aspect of the issue relating to expenditure on CM’s residence. Only after that, I’ve issued the orders using my constitutional power. No violation has been made in this order,” he told HT on Sunday.
Over the last week, the Bharaitya Janata Party and the Aam Aadmi Party have sparred over the issue of renovations at the CM house. The BJP alleged that the CM while claiming to be a common man, lives like a “king”. The AAP, meanwhile, hit back at the allegations by raising the issue of expenditure on repairs of official residences of the LG and Prime Minister Narendra Modi.