Justice V P Vaish fixed the matter for hearing tomorrow after it was informed by the counsel for the NDMC that no oath ceremony is going to take place in the next 24 hours.
Surender Singh, AAP MLA from Delhi Cantonment, moved court challenging the Centre's July 8 notification appointing Tanwar as the NDMC Vice Chairman and seeking cancellation of his appointment.
He has also sought stay on the oath ceremony, saying once the member takes an oath nothing can be done against him.
Singh, in his plea challenging Tanwar's appointment, has said that "the petitioner is aggrieved by the biased and illegal action of the respondents in appointing Karan Singh Tanwar as Member and Vice Chairperson of the NDMC in a prima facie biased manner in blatant and utter disregard of the procedure prescribed under section 4 of NDMC Act."
Advocate Anil Soni, appearing for the Ministry for Home Affairs, opposed Singh's contention and said the oath has no relevance, since the BJP leader was appointed by way of a notification.
Meanwhile, senior advocate Sudhir Nandrajog, appearing for Singh contended that unless Tanwar administers oath, he cannot occupy the office. "Till tomorrow he (BJP leader) should be restrained from taking oath," Nandrajog pleaded.
To this, the judge asked the NDMC counsel whether they were planning for any oath ceremony.
The court was informed that no ceremony has been planned so far and if such an event is to take place, at least 24-hour notice has to be given to the persons concerned. No such intimation has been sent to anyone till, he said.
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