HC to hear on Dec 15, plea challenging appointment of Delhi chief secy as election commissioner
Dec 09, 2021
New Delhi [India], December 9 : A petition challenging notification appointing Delhi Chief Secretary Vijay Kumar Dev as Election Commissioner in the Election Commission of NCT of Delhi for the conduct of elections to Municipal Corporations in the national capital will come for hearing on December 15 by Delhi High Court.
The petition was listed for hearing on Thursday before the bench of Justice DN Patel and Justice Jyoti Singh but got adjourned for December 15 after the concerned bench didn't assemble today.
The petition seeks direction to the Delhi Government to quash/withdraw the notification dated November 25, 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) w.e.f. 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 is 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 the 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 Government of Delhi 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 this 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 Govt 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 the 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.
