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The Delhi High Court today issued notice to the Central Government on a plea seeking nomination of  Four members of New Delhi Municipal Council (NDMC).

The petition has also sought directions to the aforementioned authorities to nominate a Vice-Chairperson for the NDMC  in terms of Section 4(4) of the Act for efficacious functioning of the Council. 

The order was passed by a single judge bench of Justice Rekha Palli on a petition filed by two residents of NDMC area.

Advocate Amit Sahni appearing for the petitioners submitted before the Court 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 Counsel appearing for the Centre raising objections on the plea submitted that the plea should not be accepted in present form and the petitioner ought to have filed a Public Interest Litigation.

Sahni however submitted that petitioners are also aggrieved party in as much as the petitioners are also residents within the jurisdiction of NDMC Area.

The Court not concurring with the Centre said “if they file PIL, then you may come up with the objection that since petitioners are residents of NDMC Area so they are interested party and PIL should not be entertained.”

The Court further said that the issue in the petition was to examine what Section 4 mandates about nomination of members by the Central Government.

The Court has issued notice to Delhi Government, Central Government and NDMC and sought their response in the matter listing it for further hearing on January 12, 2022.

Case Title: Ganga Ram and Anr vs UOI and ors