Delhi HC rejects BJP's plea to direct assembly sitting for tabling CAG reports

Justice Sachin Datta, however, said there was an "inordinate delay" on the part of the Delhi government in the matter.
Delhi High Court
Delhi High Court FILE | PTI
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NEW DELHI: The Delhi High Court on Friday refrained from ordering a special session of the Delhi Legislative Assembly for tabling 14 Comptroller and Auditor General (CAG) reports. However, it directed the Delhi Government to ensure the reports are presented promptly in the assembly once it is reconstituted after the upcoming elections.

Justice Sachin Datta observed that the government had shown “inordinate delay” in fulfilling its constitutional obligation to lay the reports before the assembly. “The timelines and sequence of events reveal a disdainful disregard by the respondents for their constitutional duties,” the Court stated, citing precedents set by the Supreme Court.

The case arose from a plea filed by Leader of Opposition Vijender Gupta and six BJP MLAs, including Mohan Singh Bisht, Om Prakash Sharma, and Ajay Kumar Mahawar. They sought a direction for the government to forward the CAG reports on critical issues such as finance, pollution, administration, and liquor policy to the Speaker and to convene a special session for tabling them.

The Court highlighted that the government acted only after the petition was filed, forwarding the reports to the Secretary of the Legislative Assembly belatedly. It termed this delay as a failure to act with necessary urgency.

“The mandatory constitutional imperative to lay the CAG reports before the Legislative Assembly has been neglected. Such disregard for constitutional obligations undermines governance and transparency,” the Bench remarked.

While refusing to compel the Speaker to summon a special session, the Court noted that calling assembly sessions falls within the Speaker’s discretion and questioned whether such a directive could be issued, especially with elections imminent.

The government argued that steps had been initiated but emphasised that elections complicated the matter.

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