National interest and public interest demand no person who holds CM post is incommunicado for an uncertain period of time: Delhi HC

New Delhi [India], April 29 : The Delhi High Court on Monday said National interest and public interest demands that no person who holds this (Chief Minister) post is incommunicado or absent for a long stretch of time or for an uncertain period of time while passing directions in a Public Interest Litigation (PIL) over the non-supply of textbooks to school students.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora stated that a Chief Minister's post in any State, let alone a buzzing capital city like Delhi, is not a ceremonial post. It is a post where the office holder (when in office) has to be virtually available 24 x 7 to deal with any crisis or natural disaster like flooding, fire, disease, etc.
The bench further said that to say that no important decision can be taken during a model code of conduct is a misnomer. Undoubtedly, no new policy decision can be taken but holders of Constitutional posts have to take important decisions every day as well as urgent ones. For instance, the issuance of free text books, writing material and uniforms, as well as the replacement of broken chairs and tables, in accordance with the existing policies in the MCD schools, is an urgent and immediate decision that brooks no delay and which is not prohibited during the model code of conduct.
The Delhi High Court viewed the non-availability of the Chief Minister, the non-formation of a Standing Committee, or disputes pertaining to the appointment of an alderman by the LG, the non-delivery of judgement by a competent court, or the non-compliance of certain provisions of the Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free textbooks, writing material and uniform forthwith.
The Court directed the Commissioner, MCD, to incur the expenditure required for fulfilling the said obligations forthwith without being constrained by the expenditure limit of Rs. 5 crore. However, the expenditure incurred by the Commissioner, MCD, shall be subject to statutory audit.
The Commissioner MCD, is directed to file a fresh status report on 14th May, 2024. List the matter on 15th May, 2024 said the court.
There is a ring of truth in the statement made by the Minister of Urban Development, Saurabh Bhardwaj, that any increase in the financial power of the Commissioner, MCD, shall require the Chief Minister's approval. It amounts to an admission that the Delhi Government, due to the absence of the Chief Minister, is at a standstill, the court noted.
The Court on its last date, came down heavily on Delhi Chief Minister Arvind Kejriwal and the Municipal Corporation of Delhi (MCD) over the non-supply of textbooks to school students.
The bench showed displeasure with the Aam Aadmi Party-led MCD and said the Delhi Chief Minister has put personal interest over national interest by not resigning despite his arrest.
Justice Manmohan had said that the Delhi government is least bothered about students not going to school, not having textbooks and the disturbance in their studies.
Court also slammed urban development Minister of Delhi Saurabh Bharadwaj and he has turned a blind eye to the plight of students.
"This is arrogance of power at its highest," added the court.
The court was hearing a Public Interest Litigation (PIL) for whom Advocate Ashok Agarwal appeared, informing the Court that students studying in MCD School have not been provided with books, notebooks, writing material, uniforms, etc.
On the last date of the hearing the bench also said there cannot be a vacuum in the absence of a standing committee, and in such a situation, the Delhi government should delegate financial power to another appropriate authority.
The court later directed the MCD commissioner to decide about the disbursal of funds for the same in "two working days."