New Delhi, Feb 20 :
The AAP Thursday moved the Supreme Court challenging the Feb 16 decision of the central government not to dissolve the Delhi assembly as recommended by then chief minister Arvind Kejriwal and keep it in suspended animation.
The plea – likely to come up for hearing next week – said it was incumbent on the president to dissolve the assembly since there was no possibility of the formation of another government as both the Bharatiya Janata Party and Congress expressed their unwillingness and inability.
The petition, to be argued by counsel Fali Nariman, said the assembly was placed under suspended animation ignoring the “categorical recommendation of the majority government of Delhi for dissolving the assembly”.
Pointing to the apex court’s earlier holding that “representative government is an essential part of democracy”, the AAP said citizens of Delhi “have been denied their democratic right to have an elected popular government”.
The petition said the motive behind not dissolving the assembly and holding fresh election was to allow the Congress-led central government to rule Delhi after the party had lost in the December 2013 elections.
It added that the decision to keep the assembly under suspended animation was not only “arbitrary and illegal and in violation of the democratic rights of the citizens of Delhi but also malafide”.