No use tabling CAG reports in assembly now: Assembly secretariat to Delhi HC

New Delhi, Jan 9 (PTI) No useful purpose would be served in tabling the CAG reports on city administration in the assembly when its tenure ends in February, the assembly secretariat has informed the Delhi High Court.

Delhi assembly secretariat was responding to a plea by seven BJP MLAs on the issue of tabling of CAG reports in the assembly.

"The tenure of the present assembly is coming to an end in February, 2025 and the last session of the assembly was held on 4 December, 2024, implying the reports of the Comptroller and Auditor General of India cited in the writ petition will not be reviewed and examined by the PAC before the tenure of the present Assembly expires," the reply said.

It said, "No useful purpose will be served if the said reports are laid down before the House at this juncture of time, as these reports could be subjected to closer and detailed examination only by the successor PAC to be elected by the next Assembly, which will be constituted after the elections." Being the guardian of the house under the Constitution, the secretariat said, the speaker's discretion to summon a sitting of the legislative assembly was part of its internal functioning, which was outside the purview of any judicial review.

The reports, the secretariat's reply said, could now be examined as per the legal framework by the successor public accounts committee (PAC) of the legislature, which would be elected by the next assembly post the upcoming elections.

The LG, on the other hand, filed a reply in the matter, claiming the high court was empowered to direct the speaker to immediately ensure the tabling of the reports before the house.

The LG pointed out an "extraordinary delay" in tabling the audit reports and said the people of Delhi, through their representatives in the assembly, were entitled to have access to the CAG reports.

"The court is beseeched to issue directions to the respondent number 2 (chief minister) and respondent number 3 (speaker, Delhi Legislative Assembly) to immediately consult with each other and reconvene the house...for laying the CAG Reports before the assembly and circulating them amongst its members," the LG reply said.

Opposition leader Vijender Gupta and BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai and Jitendra Mahajan filed the petition in 2024, claiming despite of an order passed in a case, the speaker was yet to receive the reports of the CAG for further action.

On December 24, the high court issued notice on the petitioners' prayer to direct the speaker to take action for discharge of its constitutional obligation and summon a special sitting of the legislative assembly to table the reports before the house.

"The power to regulate the procedure and conduct of business of the house of people, rests in the speaker of the house. The matter of execution of this power cannot be questioned by or put before consideration before any court of this country in terms of the provisions of the Constitution of India," the assembly secretary reply said.

Summoning of the house once it was adjourned sine-die was a subject matter covered by Article 212 (2) of the Constitution, said the secretariat.

The assembly secretariat further said the petitioners’ reliance on the public's constitutional right to know the contents of the CAG reports to safeguard public money and interest was "exaggerated, manipulated and devoid of merit".

The reply said the reports were laid down before the legislature for examination and investigation, which is done by the PAC, and the object of tabling the reports was to enable the legislature/PAC to conduct a detailed examination of its contents, and not to make it available to the public.

It argued the reports could not be called for examination on an "urgent" basis as they did not fall under the ambit of an "emergency report", especially when there was no prescribed deadline or time period in law for tabling these reports.

The reply explained the examination of the reports by the PAC was an "arduous job" which might require calling evidence to conclude if its contents were correct or not.

The LG, on the other hand, accused the Delhi government and the CM of indulging in delay tactics with respect to the tabling of the reports and said since a decision in this regard had to be taken by the speaker in with consultation of the leader of the house/CM, it was the CM's duty to ensure the laying of the reports instead of palming off this responsibility.

The assembly secretariat said the matter of execution of the speaker's power to regulate the House could be questioned before any court of this country. PTI ADS AMK