BJP MLAs Move Delhi High Court For Tabling Of 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly, Plea Listed On Tuesday

The Delhi High Court on Monday (October 28) permitted the listing of a plea on Tuesday moved by various BJP leaders seeking a direction to the Delhi government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.

The petition was mentioned for listing by senior advocate Jayant Mehta before a division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela which permitted the listing for Tuesday (October 29). 

"As many as 12 CAG reports concerning the functioning of the Delhi government have not been placed before the table of the house. Under the Act there is an obligation placed on LG to take a decision. We are seeking a mandamus on that," Mehta said. 

"Tomorrow," the bench said. 

The plea has been moved by Leader of Opposition in the Delhi Legislative Assembly Vijender Gupta and six BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai and Jitendra Mahajan.

It states that Comptroller and Auditor General of India is mandated under Chapter V of the Constitution of India to promote accountability, transparency and good governance through high quality auditing and accounting.

"The CAG is a “Constitutional watchdog” created with the objective to provide independent and credible assurance to the Public, the Legislature and the Executive that the public funds are being collected and being used effectively and efficiently," it adds. 

It states that in Delhi, "12 CAG reports" pertaining to finance, pollution, administration and liquor have not been placed before the LG by the Delhi government's Ministry of Finance, GNCTD.

It states that "no reports from 2017-2018 to 2021-2022" are being tabled in the Delhi Legislative Assembly as the "Principal Secretary (Finance) has not sent any proposal to the Lt. Governor of Delhi till date". The plea claims that the "delay is not merely a procedural oversight but a serious violation of our constitutional obligations".

The plea states that the inaction of Delhi government's ministry of finance in with holding the 12 CAG reports and not sending the proposals to the LG  is grossly illegal, violative of both constitutional and statutory directives and breach of the public's trust.

"Being the constitutional head, the Respondent No. 4 (LG) is not only entitled to know the financial condition of the state but is also duty bound to cause the said audit reports to be placed before the Legislative Assembly," it adds. 

It further states that withholding 12 CAG reports violates the public's right to know the financial condition of the government. It add that  "Suppression of audit reports" emboldens the Executive to indulge in acts which are not for public good. 

The plea seeks a direction to Delhi government's Ministry of Finance to send a proposal to the LG for exercising his duties under Article 151(2) of the Constitution of India, Regulation 210(1) of the Regulations on Audit and Accounts (Forwarding copies of audit report for laying before legislature), and Section 48 of the Government of National Capital Territory of Delhi Act.

As per Article 151(2) of the Constitution, CAG reports relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State. 

Section 48 of GNCTD Act states that CAG reports relating to the accounts of the Capital for any period subsequent to the date referred to in sub-section (1) of section 46 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly.

Case title: Vijender Gupta & Ors v. GNCTD & Ors