The Delhi High Court today said that with the assembly in suspended animation, the plea challenging the constitutionality of the law which gives the Lt Governor the power to refer certain bills to the Centre before they are tabled in the House is of "academic interest" only.
A bench of acting Chief Justice B D Ahmed and Justice S Mridul said the petition will no longer serve any purpose in view of the "changed circumstance" of Delhi assembly and directed that it be withdrawn.
The court, however, granted the petitioner-advocate R K Kapoor-the liberty to raise the issue again if the occasion arises in the future.
"In view of the changed circumstances, the question raised in this writ petition is of academic interest only. The petitioner is allowed to withdraw the petition with the liberty to raise the issue if the occasion arises again," the court said.
Kapoor in his PIL had asked whether it is mandatory, under Rule 55 of the Transaction of Business of the Government of National Capital Territory of Delhi Rules, that the bills mentioned in the provision be referred to the Centre by the LG before being introduced in the assembly.
The PIL had been significant when filed as Delhi government's move to table the Jan Lokpal Bill in the assembly had not received the LG's assent.
The AAP government had resigned following the controversy over the issue of prior consent and tabling of the anti-corruption bill on the floor of the assembly was blocked by Congress and BJP on February 14.
Kapoor in his petition had also submitted that the said provision is ultravires to the Constitution and beyond the scope of the provisions of section 44 of the GNCTD Act and is, therefore, liable to be declared so and struck down.
