HC issues notice to Centre, Delhi govt over same legislators' nomination to municipal corporations

The Delhi High Court Tuesday sought response of the Centre, the AAP government and the Legislative Assembly on a plea by Leader of Opposition Vijender Gupta seeking quashing of a notification nominating the same group of AAP MLAs to municipal corporations in the national capital.

A bench of Justices G S Sistani and Jyoti Singh issued notice to the Ministry of Home Affairs, the Delhi Legislative Assembly, the AAP government and the LG's office seeking their stand on the plea which contends that the same group of 13 MLAs were being nominated as councillors in the corporations.

The court while issuing notice, declined to grant any interim relief as sought by senior advocate Chetan Sharma, representing Gupta, saying that the BJP MLA ought to have come earlier.

The court also told the Assembly's lawyer that since AAP has a large majority in the House, it can rotate the MLAs.

"You (AAP) have a large majority, why not keep rotating," the bench said and listed the matter for further hearing on September 27.

Gupta, in his plea filed through advocate Ashwani Kumar Dubey, has alleged that since the Aam Aadmi Party (AAP) formed the government in February 2015, the same group of party legislators have been repeatedly nominated as councillors in municipal corporations in violation of laid down norms.

The only difference being the replacement of rebel AAP MLA Anil Kumar Bajpai with S K Bagga in East Delhi Municipal Corporation (EDMC), the petition filed though Dubey said.

Gupta, a BJP MLA from Rohini, has said in his plea that as per the provisions of Delhi Municipal Corporation Act, 1957, the Speaker is under obligation to nominate the persons on rotation wise.

"...meaning the MLAs who were nominated in previous years shall not be repeated again and again," Gupta has said in his petition seeking setting aside of the July 12 notification issued by the Delhi Assembly nominating the same 13 AAP MLAs to the municipal corporations of North, South and East Delhi, claiming it violates the provisions of the MCD Act.

According to the petition, the MLAs who have been nominated each year without change include Akhilesh Pati Tripathi, Jitender Singh Tomar, Rajesh Gupta, Sanjeev Jha, Sharad Kumar and Amanatullah Khan.

The remaining MLAs who have been nominated as councillors to the three MCDs without change are -- Bhavna Gaur, Jarnail Singh, Naresh Balyan, Prakash, Mind Ishraq Khan and Sarita Singh.

"During the tenure of present Legislative Assembly, not one MLA from the Opposition has been nominated by the Speaker. Not only this, the Speaker has nominated the same members of Legislative Assembly as members of three Municipal Corporations," the petition has said.

"This act of the Speaker is biased, ultravires, arbitrary and contrary to Article 14 of the Constitution of India," the petition alleged