HC notice to Delhi govt over plea challenging notification appointing Chief Secy as election commissioner
Dec 15, 2021
New Delhi [India], December 15 : The Delhi High Court on Wednesday issued notice to the Delhi government on a petition challenging notification appointing Chief Secretary Vijay Kumar Dev as election commissioner of Delhi.
A Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice to respondents and fixed the date on March 31, 2022, for further hearing.
The petition sought direction from Delhi Government to quash/withdrawal the notification dated November 21, 2021, offering an appointment for the post of election commissioner of the municipal corporation of Delhi to the working chief secretary Vijay Dev (IAS Officer) from April 21, 2022.
The plea stated that the said notification is in violation of the rule of law and settled principles of appointment procedure of the public office as the same being motivated towards vested interest in order to affect the forthcoming scheduled election of the municipal corporation of Delhi as well as in clear violation to the Article 243K of the Constitution of India which enshrined the appointment of independent election commissioner as interpreted and laid down by Supreme Court of India.
Petitioner Dr Nand Kishore Garg, former BJP MLA, through Advocate Shashank Deo Sudhi, states that the appointment is politically motivated as the chief secretary has been privy to all administrative and policy decisions of the Union Territory government and holding a position like election commissioner at the Municipal Corporation of Delhi may be exposed to the possibility of manipulation of the outcome of the election process.
It also stated that the said notification is improper in as much as it had been announced prematurely even when the post of election commissioner is not vacant only to ensure unquestioned allegiance to the commands of the Delhi government in lieu of extended service tenure of five years of the serving chief secretary of Delhi.
The petitioner seeks court direction for a broad guideline for the appointment of election commissioner of the municipal corporation of Delhi ensuring the impartiality and neutrality of the candidate who would be an independent person of high integrity is not entrusted with any kind of government assignment.
