The petition has said the order to impose President's rule was “illegal, arbitrary and in violation” of Article 14 of the Constitution as after the resignation of the Kejriwal government neither BJP nor Congress were in a position to form the government and they had already expressed unwillingness in this regard.
It has further raised constitutional questions to keep the assembly under suspended animation by ignoring categorical recommendation of the majority government of the NCT of Delhi for dissolving the House.
The petition has said that imposition of the President's rule has denied the citizens of Delhi their democratic right to have an elected popular government.
“In the present case, it was incumbent on the President, after assuming to himself all the powers of the Lt. Governor to himself, of course with aid and advice of the Council of Ministers, to exercise the power to dissolve the Assembly especially since there was no possibility whatever of the formation of any other government since other main political parties (viz. BJP and Congress) have already expressed their unwillingness and inability to form a government,” it has said.
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