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HC sets aside order on NDMC appointments

By HT Correspondent
PUBLISHED ON AUG 06, 2019 09:46 PM IST

New Delhi

The Delhi High Court on Tuesday set aside an order that had put on hold the appointments of the chairperson, vice-chairperson and other members of the New Delhi Municipal Council (NDMC).

A bench of Chief Justice D N Patel and Justice C Hari Shankar quashed the order passed by the single judge and referred the matter back to him for hearing the plea filed AAP MLA Surender Singh, who had sought an early hearing of an earlier petition filed by him, challenging the appointments.

On July 26, Justice Vibhu Bakhru, in an interim order, had stayed the appointments in the Council after Singh moved an application seeking directions to the Centre that it should be restrained from nominating or appointing any person to the Council without Chief Minister Arvind Kejriwal’s comments.

Following this, the court had stayed all appointments till the next date of hearing.

Challenging this, the Centre on Tuesday informed the court that the single judge did not have the jurisdiction to pass such an order. He said that no speaking order was passed by the court explaining its decision.

Following this, the bench set aside the stay order passed on July 26 and sent the matter back to the single judge to decide the issue raised in the plea.

In its appeal, the Centre said the relief granted by the single judge was not sought by the AAP MLA in his application, which had only sought an early hearing of the main petition challenging the appointments made in the council in 2015.

The petition claimed the appointments were made without consulting the chief minister while the Centre contended the file was sent to Kejriwal but he did not send his comments within the stipulated time.

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