HC issues notice to Centre on reconstitution of NDMC Board

The Delhi High Court today sought responses from the Centre and others on a plea against partial dissolution and subsequent reconstitution of the New Delhi Municipal Council (NDMC) board by excluding some members including former Congress MLA Tajdar Babar.
"The counter affidavit shall be filed within two weeks (by the Centre) and rejoinder, if any, shall be filed two weeks thereafter," a bench of Chief Justice G Rohini and Justice R S Endlaw said.
"It seems the earlier court order has not been complied with and a mere formality has been done," the bench said.
It was categorically said that the representation of the members, against whom the show cause notices were issued, would be considered and the subsequent order would be conveyed to them, the court said.

Additional Solicitor General Sanjay Jain, appearing for the Centre, said that the order has been notified and hence, it cannot be said that the members, who have been removed, have not been informed.
During the hearing, the bench said that the show cause notice has not been issued under the proper provision of the New Delhi Municipal Council Act.

Besides Babar, Ashok Ahuja, I A Siddiqui and Sukha Ram had moved the court challenging their removal from the NDMC board.
Earlier also, they had moved the court when show cause notices were issued against them by the NDMC.
However, the court had refused to entertain the petition saying that it was a premature one and had granted them the liberty to approach it again after NDMC passes any order.

In their fresh petition, filed through lawyer K C Mittal, Babar and others have sought quashing of the Centre's notification of September 5 by which NDMC was dissolved and reconstituted by removing them and two other officers.
They have contended their term of office was to expire only in January 17, 2016, but they were removed "illegally" and prematurely "without authority of law".
They have also challenged the nomination and subsequent appointment of Karan Singh Tanwar, B S Bhati, Anita Arya and Abdul Rasheed as members of NDMC saying it was all done "in utter haste" on September 6 and has sought that the same be set aside.