Millennium Post

Delhi HC imposes interim stay on appointments to NDMC

New Delhi: The Delhi high court has imposed an interim stay on the Centre making appointments to the New Delhi Municipal Council (NDMC), after hearing a plea alleging that the process had excluded consultation with Chief Minister Arvind Kejriwal.

As per the NDMC Act, 1994, it is necessary for the central government to consult with the Chief Minister for making the aforesaid appointments.

Restricting the Centre on this issue, Justice Vibhu Bakhru directed the NDMC and the Centre to not 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 Additional Solicitor General is leading in the matter and she is not available.

The matter has been listed 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 Aam Aadmi Party (AAP) MLA Surender Singh (Delhi Cant.) seeking directions that the Centre be restrained from nominating/appointing any person to the Council without receipt of comments from the Chief Minister.

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