The Delhi Government on Wednesday opposed and sought dismissal of the petition challenging the notification appointing Delhi Chief Secretary Vijay Kumar Dev as Election Commissioner in the Election Commission of NCT of Delhi for conducting the elections to Municipal Corporations of Delhi.
Delhi government has termed the petition as an abuse of the process of law.
The petition is listed for further hearing before the bench of the Acting Chief Justice on Thursday.
The reply to the petition filed by the Delhi Government said, "A conscious mala fide attempt has been made to create prejudice by giving a misleading and slanted version of the corrected factual and legal position."
The appointment was made bona fide by the Lt. Governor, who is a competent authority, in accordance with the extant statutory procedure and the most eligible and suitable person was selected after consideration of all eligible candidates, the reply submitted.
It is also stated that the appointment does not fall foul of the judgement of the Supreme Court in the Fouzia Imtiaz Shaikh case, in as much as the appointee will not be holding an additional charge and will cease to be a government servant prior to the date of which he assumes charge of the office of Election Commissioner.
It is further stated that the appointment is not in violation of Article 243K of the Constitution. Therefore it is submitted that the court may dismiss the petition with heavy and exemplary cost.
The petition has sought direction from Delhi Government to quash/withdraw the notification dated November 25, 2021, which offered an appointment for the post of election commissioner of Municipal Corporation of Delhi to the working chief secretary Vijay Dev (IAS Officer) w.e.f. from April 4, 2022.
The plea stated that the said notification is in violation of the rule of law and settled principles of appointment procedure of the public office as the same being motivated towards vested interest in order to affect the forthcoming scheduled election of Municipal Corporation of Delhi as well as in clear violation to the Article 243K of the Constitution of India which enshrined the appointment of independent election Commissioner as interpreted and laid down by Supreme Court of India.
Petitioner Dr Nand Kishore Garg, former BJP MLA through Advocate Shashank Deo Sudhi states that the appointment is politically motivated as the chief secretary has been privy to all administrative and policy decision of the Government of Delhi and hold the position of election commissioner at the Municipal Corporation of Delhi may be exposed to the possibility of manipulation of the outcome of the election process.
It also stated that, said notification is improper in as much as it had been announced prematurely even when the post of election commissioner is not vacant only to ensure unquestioned allegiance to the commands of the Delhi Govt in lieu of extended service tenure of five years of the serving chief secretary of Delhi.
Petitioner seeks court direction for a broad guideline for appointment of election commissioner of Municipal Corporation of Delhi ensuring the impartiality and neutrality of the candidate who would be an independent person of high integrity is not entrusted with any kind of government assignment.
( With inputs from ANI )
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