Power to appoint vice-chairperson of DDDC rests with Chief Minister, argues Jasmine Shah
Feb 09, 2023
New Delhi [India], February 9 : The power to appoint the vice chairperson of the Delhi Dialogue and Development Commission (DDDC) rests with the Chief Minister and his position should be restored, its former vice-chairperson Jasmine Shah submitted in the Delhi High Court on.
Jasmine Shah challenged the recommendations made on November 17, 2022, for his removal from the post of Vice Chairperson of the Dialogue commission and the sealing of his office.
Justice Prathiba M Singh after hearing the submissions through senior advocate Rajiv Nayar on behalf of Shah listed the matter for hearing on March 15.
The court has listed the matter for hearing the submissions on behalf of the respondents and asked them to file their detailed affidavit by March 6, if they wished to.
It was also submitted that the said orders passed on November 17, 2022, recognised this power with the chief minister and in view of the subsequent orders issued by the chief minister, the position of the petitioner ought to be restored.
He also submitted that in terms of the orders, the premises of the petitioner were also sealed and staff and other facilities were removed.
The case of the petitioner is that respondent number 3 does not have the power to pass these orders. He relied on the Supreme Court's decision in the case of State vs Union of India, the bench noted.
Nayar further submitted that the petitioner is fully qualified to remain in position.
Earlier, the Lieutenant Governor and other respondents filed the affidavit on the petition of Jasmine Shah stating that the matter has been referred to the President of India in view of the difference of opinion expressed by the Deputy Chief Minister Manish Sisodia and approved by Chief Minister Arvind Kejriwal.
The matter pertains to the LG's recommendation to Delhi CM for Jasmine Shah's removal, who in turn directed the Planning Department to rescind orders dated November 17 as the counsel for the petitioner had submitted in the court, the affidavit said.
Notably, while the matter stood referred to the President, the Chief Minister by way of the order dated December 8, 2022, proceeded to summarily decide the matter of the petitioner Jasmine Shah on merits also, despite being aware that the matter was now required to be decided by the President of India, the affidavit has stated.
The LG has accused Shah of misusing public office for "personal political activities", in gross violation of constitutional principles of neutrality. His office has also been sealed.
