The submission was made before Justice R S Endlaw by the city government while opposing the plea of Vijender Gupta, Leader of Opposition (LoP) in Delhi Assembly, to add him as a party in the matter.
Senior advocate Chetan Sharma, appearing for Gupta, contended that despite being the LoP in the Assembly, he was not consulted on the appointment of the Lokayukta by the AAP government.
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Advocate Gautam Narayan, appearing for the Delhi government, said the appointment would be done by the next date of hearing on October 28 and that the petition would become infructuous.
Meanwhile, Additional Solicitor General (ASG) Sanjay Jain sought time to file a reply on behalf of the Centre in the matter.
The court was hearing a plea by BJP leader Sat Prakash Rana seeking that someone be appointed to the post of the anti-corruption ombudsman, which was lying vacant for the last 21 months.
Rana had said the non-appointment was adding to the pendency of cases and, more importantly, blocked a legal right of residents of the national capital.
The Delhi government had earlier in an affidavit told the court that all statutory authorities would be consulted in compliance of the statutory mandate.
Gupta, in his intervention application, has contended that as per Delhi Lokayukta and UpLokayukta Act 1995, appointment procedure provides that the LoP has to be consulted.
He has also alleged that the Delhi government's affidavit, claiming it has initiated the process of consultation by submitting its suggestion for filling up the post of the Lokayukta to the Delhi High Court Chief Justice, was "false and misleading" as "no consultation process" has been initiated with him.
On September 26, last year, the Delhi High Court, while hearing a different PIL on the same issue, had asked the Lt Governor to initiate the process to fill the post of the Lokayukta, saying statutory provisions make it mandatory on the part of the State to ensure that the post is filled up "without any delay".