Delhi HC imposes interim stay on appointments to NDMC

Justice Vibhu Bakhru imposed an interim stay and directed NDMC and the Centre not to make any appointments to the post of chairperson, vice-chairperson and other members of the council till August 13. (PTI File Photo)

The Delhi High Court has restrained the Centre from making appointments to the New Delhi Municipal Council (NDMC) after a plea alleged that the process was being carried out without consulting Chief Minister Arvind Kejriwal.

As per the New Delhi Municipal Council Act, 1994 it is necessary for the central government to have consultations with the Chief Minister for making the aforesaid appointment.

Justice Vibhu Bakhru imposed an interim stay and directed NDMC and the Centre not to make any appointments to the post of chairperson, vice-chairperson and other members of the council till August 13.

"It is clarified that till the next date of hearing, no appointment shall be made under Section 4(1)(a), 4(1)(d) and 4(4) of the said Act," the high court said in a recent order.

The court said it would examine the matter, and the controversy involved in the present petition is limited and only relates to the manner in which the consultation has to take place.

It said the necessity for the central government to have consultations with the Chief Minister for making the aforesaid appointment is not disputed; however, the petitioner claims that no such consultation has taken place.

The submission was opposed by the counsel for the Centre who asserted that the necessary file had been sent to the Chief Minister of Delhi for consultation.

Central government's standing counsel Anil Soni told the court that the Additional Solicitor General is leading in the matter and she is not available.

The high court noted the submission and listed the case for final hearing on August 13.

It also asked the parties to file written synopsis along with the judgements relied upon by them in advance.

The high court was hearing a plea filed by AAP MLA Surender Singh seeking directions that the Centre be restrained from nominating/appointing any person to the Council without receipt of comments from the Chief Minister.

The AAP MLA from Delhi Cantonment, had in 2015 moved the high court challenging Centre's notification appointing BJP leader Karan Singh Tanwar as Vice Chairman of the NDMC.

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