High Court Issues Notice On Plea Seeking Nomination Of Adequate Members To New Delhi Municipal Council

The Delhi High Court today issued notice on a petition filed by two residents of the New Delhi Municipal Council (NDMC) area, seeking nomination of adequate members to the NDMC Council in accordance with the New Delhi Municipal Council Act, 1994. The plea also stated that the Council is functioning without its Vice-Chairperson.

Justice Rekha Palli issued notice on the petition filed against the Delhi Government, the Central Government and NDMC while fixing the matter for January 12, 2022.

Advocate Anil Grover, appearing for NDMC on advance notice, told the Bench that the body is functioning properly. However, the Court responded,

"You may be running well but I have to see the mandate of the law."

The 1994 Act 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 the Act, Advocate Amit Sahni submitted on behalf of the Petitioners.

The Court also noted that the provision is mandatory and it is not the case that the stipulation is of 'up to 13' members.

"For a long span of time the Council is not functioning with its full quorum of 13 members, as the four members have never been nominated by Respondent Nos. 1 & 2 as envisaged under Section 4(1)(d) of the Act. Not only this, the Council is functioning without having its Vice-Chairperson, as the same has also not been nominated by the Respondent Nos. 1 & 2 amongst the members specified in Clauses (b) and (d) of sub-section (1) of Section 4 of the Act," stated the plea.

It added that due to incomplete quorum of members, the Council is unable to discharge its duties and perform its obligatory and discretionary functions to the best of its capacity, as mandated under Sections 11 & 12 of the Act.