Hussain suspended because he skipped meetings: East civic body to high court

EDMC mayor Nirmal Jain had cited the Delhi Municipal Corporation Act and said if a councillor remains absent from meetings three successive times, without permission, his/her membership may be ended.

The East Delhi Municipal Corporation (EDMC) on Wednesday justified before the Delhi high court its decision to suspend AAP councillor Tahir Hussain and said he was suspended as he did not attend civic body meetings despite intimations being sent to him.

The municipal body had suspended the AAP councillor Tahir Hussain who has been booked in at least 10 cases related to the north-east Delhi riots, on August 26.(PTI Photo)

The municipal body had suspended the AAP councillor, who has been booked in at least 10 cases related to the north-east Delhi riots, on August 26.

EDMC mayor Nirmal Jain had cited the Delhi Municipal Corporation Act and said if a councillor remains absent from meetings three successive times, without permission, his/her membership may be ended. In its affidavit on Wednesday, the civic body said it considers the absence of a member from monthly meetings over a period of “consecutive three calendar months” and not “three consecutive monthly meetings”.

The corporation said it had held its meetings in January and February 2020, but, due to the Covid-19 lockdown, it could not hold a meeting in March 2020 or the months that followed.The next meeting was held in June 2020 and then in July 2020. The EDMC said Hussain was absent from all meetings since January 2020.

Hussain in his plea challenging his disqualification contended that he had not absented himself from meetings “for three successive months” as the meetings were never held successively for three months till August 2020 when the decision to disqualify him was taken. He said as he was being held in judicial custody since March 5, he could not be faulted for the unavoidable circumstances.

On November 4, the high court had stayed the decision of the EDMC to disqualify Hussain.

The civic body said Hussain did not seek approval for his absence from meetings for being lodged in judicial custody. It also said Hussain had changed his address after the north-east Delhi riots but he did not intimate the corporation about it.

The matter would be now heard on August 5.