The Supreme Court on Monday granted two weeks to both BJP and Congress to make its stand clear whether either of them is in any position to stake claim for government formation in Delhi in the wake of the Assembly being kept under suspended animation following the resignation of Aam Aadmi Party Government.
A bench comprising justices R M Lodha and Kurian Joseph said the matter "cannot be in limbo" and asked both the parties to come out with their stands by April 17.
AAP, which has been crying foul on the imposition of President's rule in Delhi, has also contended that keeping the Assembly under suspended animation for a year would invite horse trading.
Senior advocates P S Patwalia and Mukul Rohatgi, appearing for the BJP, submitted that the court should wait till the conclusion of the general elections when the Lt Governor would be in a better position to judge whether any party could form the government.
The BJP, which was the single largest party and sat in opposition during Arvind Kejriwal's 49-day regime, also said government formation by any party is a political decision and for which it will require to call a meeting of its parliamentary board.
In the 70-member Delhi Assembly, AAP with 28 seats and the support of eight-member Congress had formed the government. BJP has 31 seats and the support of one Akali member.
Congress, which was represented by senior advocate K Parasaran, said LG was not made a party in the matter.
The apex court, which earlier had kept the two parties away from the hearing, decided to know their stand, after noting that neither the BJP nor the Congress had made their position clear on government formation following the resignation of chief minister Arvind Kejriwal.
During the last hearing on March 7, it took into account the submissions of AAP and the Centre and wanted to know that "after enactment of 10th Schedule of the Constitution whether defection to happen can be a relevant consideration as a ground to keep the Assembly under suspended animation".
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