New Delhi: A bench headed by Chief Justice DN Patel and Justice Jyoti Singh, Delhi High Court has issued notice to the Delhi Government and the three MCDs East, North and South on a petition and directed to file the reply by March 31, 2022.
Former BJP MLA Dr Nandkishore Garg has filed a petition challenging the appointment of Chief Secretary Vijay Kumar Dev as the Election Commissioner to conduct the upcoming Municipal Corporation Delhi (MCD) elections.
Advocate Shashank Sudhi Dev, appearing for the petitioner, has said that in the notification issued by the Delhi Government on November 25, the Chief Secretary of Delhi was appointed as the Election Commissioner to conduct the elections to the Municipal Corporations.
Advocate Sudhi Dev explains, "This notification has been issued in violation of the recruitment process of public servants and highlighted the intention of influencing the upcoming municipal elections. Section 243 of the Constitution has been violated by issuing an order for the appointment of Vijay Dev to the post of Election Commissioner."
Earlier, the Supreme Court for another case has interpreted Section 243 and said, "The appointment of Election Commissioners should be done independently."
It has been said in the petition that at present the post of Election Commissioner is not even vacant in Delhi. In such a situation, this appointment has been made only to extend the tenure of Vijay Dev.
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