The Delhi government has told the Supreme Court that Lieutenant Governor V K Saxena has "derailed" the governance of the national capital by encouraging the "recalcitrance of civil servants" towards the elected government.
In an affidavit filed before the top court, the AAP government alleged that Saxena is running a parallel system of governance in the NCT of Delhi by taking unilateral executive decision.
"Civil servants serving in the Government of NCT of Delhi have become indifferent to the elected government. The net result is that the basic day to day functioning of the Government of NCT of Delhi stands completely jeopardized.
"The problem has become even more acute with the appointment of the incumbent Lieutenant Governor earlier this year. Any co-operation between the civil servants and the elected government is sought to be penalised and recalcitrance towards the elected government is being encouraged," the affidavit filed by Deputy Chief Minister Manish Sisodia said.
Two separate affidavits were filed before the top court which is hearing the legal issue concerning the scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital.
The AAP government said the unconstitutional and undemocratic encroachment of the powers of a duly elected government has made governance in Delhi challenging and unnecessarily difficult for the elected government.
The Delhi government contended that this has led to a situation where officials have stopped attending meetings being called by the ministers and even stopped taking their calls.
"Officials are either delaying or not at all supplying the files concerning the department to the ministers. Officials are disobeying orders/directions of the ministers, including orders/directions that are in writing," it said.
"Such regular interventions of the Lieutenant Governor have the effect of not just usurping the powers of the duly elected State Government so as to not only upset the scheme of federalism and representative democracy, but also harmed public interests in sectors ranging from public health, education, environmental protection, to name a few.
"The unconstitutional and undemocratic encroachment of the powers of a duly elected Government has made governance in Delhi challenging and unnecessarily difficult for the elected government, contrary to the intent and purpose of the Constitution (Sixty-Ninth Amendment) Act, 1991," the Delhi government said.
On September 27, the top court had said that a Constitution bench headed by Justice D Y Chandrachud (now Chief Justice of India) would commence hearing the matter from November 9 on a day-to-day basis.
Other members of the five-judge bench are Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
On May 6, the top court had referred to the Constitution bench the issue of control of services in Delhi.
