Delhi HC issues notice to Centre

New Delhi [India], August 16 : The Delhi High Court on Monday issued notice to the Centre for not nominating four more members of New Delhi Municipal Council (NDMC) on a petition filed by two residents of the area. The NDMC is functioning only with 9 members whereas New Delhi Municipal Act, 1994 clearly mandates the Council should consist of 13 members.
The Bench of Justice Rekha Palli on Monday sought response from Central Government, Delhi Government, and NDMC in the matter and listed the matter for January 12, 2022. Advocate Amit Sahni, appearing for petitioners argued that even though the New Delhi Municipal Act, 1994 clearly mandates that the Council should consist of 13 members but the NDMC is functioning with 9 members only as the Central Government has not nominated 4 members of NDMC as mandated under section 4(1)(d) of NDMC Act, 1994.
The Petition was objected by the Counsel for the Centre that plea should not be accepted in the present form and the petitioner ought to have filed PIL, to which Advocate Sahni submitted that petitioners are also an aggrieved party in as much as the petitioners are also residents within the jurisdiction of NDMC Area.
The Court said, if they file PIL, then you may come up with the objection that since petitioners are residents of the NDMC Area so they are an interested party and PIL should not be entertained.
The Court said we need to see what Section 4 mandates about the nomination of members by the Central Government.
The Counsel for the NDMC submitted that NDMC is functioning well… the Court said “maybe alright what about the mandate of the section to nominate the members”
Advocate Sahni submitted that due to the incomplete quorum of members of the NDMC, it is unable to discharge its duties and perform its obligatory and discretionary functions to the best of its capacity, as mandated under Sections 11 and 12 of the Act.
The plea sought “Directions in the form of Mandamus thereby directing Respondent Nos. 1 and 2 to nominate four members in the Respondent No. 3 Council as envisaged under Section 4(1)(d) of New Delhi Municipal Council Act, 1994 with immediate effect”.
The petitioners also sought direction from respondents to nominate Vice-Chairperson amongst the members specified in Clauses (b) and (d) of sub-section (1) of Section 4 of the New Delhi Municipal Council Act, 1994 with immediate effect

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