A bench comprising Justices RM Lodha and Dipak Misra issued notice to the Centre asking it to respond within ten days. (Agencies)
The bench, which posted the matter for hearing on March 7, refrained from issuing notice to BJP and Congress which were made party in the petition, saying it only wants to deal with the constitutional issue and does not want to have a political contest.
"It is a constitutional issue so whoever has passed the order has to answer," the bench observed.
"We don't want it to be a political contest,” it added.
When it was stated that allegations have been made against the two parties, the bench said it will ‘see when it will come’.
Senior advocate Fali S Nariman, who appeared for the Aam Aadmi Party, explained the facts which led to the filing of the petition.
The Apex Court had earlier on February 21 agreed to hear the petition seeking a direction to the Lieutenant Governor to dissolve Delhi Assembly and hold fresh polls along with Lok Sabha elections.
"The motive behind not dissolving the Delhi Legislative Assembly and holding fresh election is to allow a political party, which had badly lost the Delhi Legislative Assembly Elections, and of which several important leaders including ministers in Central government and the former chief minster are facing serious corruption charges,” the Aam Aadmi Party’s petition said.
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 Kejriwal-led government neither BJP nor Congress was in a position to form the government and they had already expressed unwillingness in this regard.
A bench comprising Justices RM Lodha and Dipak Misra issued notice to the Centre asking it to respond within ten days.