provision relevant for the purpose of this case is sub-Article (4) of Article
239AA , as per which the Council of Ministers ... discretionary power of the Governor under Article 163 and that
of the Lt. Governor under Article 239AA(4). While Article 163 requires Governor
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
brought in by way of
69th Constitution Amendment Act, 1991 introducing Article 239AA. Article
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR ... 2024 etc. Page 12 of 34
Signing Date:06.03.2024
15:23:50
239AA (2)(a) prescribes that there shall be a Legislative Assembly
required 'consideration' of a repugnancy under either of the Articles- 239AA or
be it 254(2), the body seeking Presidential assent must ... Uttarakhand [(2011) 8 SCC
708] held as follows:
45. For repugnancy under Article 254 of the Constitution, there is a twin
requirement, which
holds the office of the Chief
Minister of Delhi under Article 239AA of the Constitution and
and, after an
inquiry to dislodge him from ... incurred
incapacity to carry out his Constitutional obligations and functions under
Articles 239AA (4) , 167(b) and (c) of the Constitution and hence
presidential assent in the manner stipulated in
Article 239AA (3)(c) was absent;
(3) the unit area method was not the recognized system of
valuation
under Section
3(3)(b)(i) are not in violation of Article 239AA
read with Section 41 of the GNCTD Act.
41. Accordingly, this Writ
