Plea in HC against appointment of chairman for Delhi Minorities Commission

The Delhi HC sought response of the Centre, AAP government and LG's office on a plea seeking that no one be appointed to the post of Delhi Minorities Commission (DMC) chairman

The Delhi High Court Thursday sought response of the Centre, AAP government and Lieutenant Governor's office on a plea seeking that no one be appointed to the post of Delhi Minorities Commission (DMC) chairman which fell vacant recently.

The application has contended that since the constitutional validity of the DMC Act is under challenge in the high court, no one be appointed to head the commission till the matter is decided.

A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Centre, Delhi government and LG's office and sought their stand on the application by August 31 when the main petition is also listed for hearing.

The court also directed the three to file their replies to the main petition before the next date of hearing.

The application has been filed by Vikram Gahlot, a social worker, who in his main petition has challenged the constitutional validity of the Act under which the commission has been set up.

Advocate Dhananjai Jain, appearing for Gahlot, told the court that as the constitutional validity of the Act is under challenge, no one ought to be appointed to head the commission.

The constitutional validity of the DMC Act was challenged in the wake of certain controversial social media posts made by the commission's former chairman -- Zafarul Islam Khan.

Khan's tenure ended recently, the court was informed.

Gahlot, in his petition, has contended that the Delhi Legislative Assembly did not have the powers to enact the DMC Act and therefore, the statute be declared ultra vires of the Constitution and struck down.

He has also contended that since the Act was not valid, the appointments made under it, including that of the chairman, would also be invalid.