Delhi HC stays EDMC decision to disqualify councillor Tahir Hussain

Staying the August 26 decision, the single-judge bench posted the matter for further hearing on March 17, 2021

The Delhi high court on Friday stayed the decision of the East Delhi Municipal Corporation (EDMC) to disqualify Tahir Hussain as councillor on a plea which had contended that the civic body’s decision was arbitrary, illegal and against the principles of natural justice.

Tahir Hussain. (File photo)

Justice Najmi Waziri stayed the August 26 decision of the EDMC and posted the matter for further hearing on March 17, 2021. Hussain is accused in ten cases related to the north-east Delhi riots including his role for hatching a conspiracy to orchestrate the riots along with 14 others.

The single-judge bench also issued notice to the corporation, represented by its standing counsel Gaurang Kanth, and sought its stand on the petition.

The court’s order came on Hussain’s plea filed through advocate Rizwan who contended that his client had not absented himself from the meetings of the EDMC for three successive months as the meetings were never held successively for three months till August when the decision to vacate his seat was taken.

The counsel told the court that the meetings were held in January and February and then again in June and July. The plea read that the principles of natural justice had been violated, adding, “The proposal for vacation of his seat was taken on August 20 and decision was taken on the proposal on August 26, however, the petitioner (Hussain) was never informed or provided with a reasonable opportunity during the period.”

The petition said that Hussain had been in judicial custody since March 5 in connection to one of the cases and could not be faulted in the unavoidable circumstances.

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

“Tahir Hussain has not attended any of the House meetings in the last 3-4 months. He has not informed me or the corporation about the reasons behind his absence. So... we have passed a proposal to terminate his membership on the grounds that he skipped at least three successive House meetings without informing the corporation,” he had said in August.