"We will consider the matter and pass an order," a bench of Chief Justice G Rohini and Justice R S Endlaw said.
During the hearing on the PIL filed by NGO Common Cause, advocate Raghav Shankar contended that the reasoning based on which LG has rejected the recommendations of Delhi Lokayukta, prima facie, "demonstrates a lack of application of mind and a failure to consider the relevant material."
Shankar also contended that when the recommendations contained in the report of the Lokayukta prima facie indicate the commission of an offence under a penal statute, it was not open to the competent authority to reject the recommendations.
During the arguments, the bench asked the NGO's counsel, "There is substantial question of law. What do you want us to do? Should we refer the matter to larger or full bench."
Responding to the bench's query, the lawyer submitted that LG should act judicially on the aid and advice of council of ministers but in the present case prosecution sanction was denied despite the fact that Lokayukta had prima facie found offence being committed by elected representatives.
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