13.07.2022
Delhi
High Court
Delhi
High Court issued notice to Hardayal Municipal Heritage Public Library as well
as MCD in a writ petition challenging the election of 4 Subscriber Members of
the Managing Committee of the Library
Hardayal
Municipal Heritage Public Library is an autonomous body and is 100% funded by
the MCD. As per the Constitution of the
Library, total strength of the Managing Committee of
the Library is 13 members. 13 members of the Managing Committee are elected/nominated
as under: -
(i)
Ex-officio President
of the Managing Committee is the Mayor of NDMC
(ii)
6 elected siting
members from NDMC
(iii)
1 elected siting
member from SDMC
(iv)
1 elected sitting
member from EDMC
(v)
4 Subscriber
Members, who are elected from the subscribers
Petitioner,
who was a subscriber member, filed a writ petition in Delhi High Court and submitted
that: -
(i)
The entire election process has been
conducted in undue haste and in violation of the Constitution as well as
General Rules of Hardayal Municipal Heritage Public Library.
(ii)
Election Process Rules were framed by the
Secretary, who was not competent to frame the Election Process Rules. Only the Managing
Committee was competent to frame the Election Process Rules.
(iii)
6 persons were appointed as Election
Officers by the Secretary and the Secretary was not competent to appoint the Election
Officers. Only the Managing Committee could have appointed the Election
Officers.
(iv)
There was violation of Rule 5 of the
General Rules. As per Rule 5, it is the duty of the Secretary to enquire from all
the subscribers as to who wants to contest the election. This process has to be
done 2 weeks before the date of issuing the voting paper. Rule 5 was completely
ignored in the present case.
(v)
Only 3 days’ time (i.e., 01.05.2022 to
03.05.2022) was given to fill the nomination forms. Out of 3 days, 2 days were
public holidays and the office of the library was not functional.
(vi)
Only 4 subscribers filled the nomination
form and all the 4 subscribers were declared uncontested elected by the Secretary.
Delhi
High Court issued notice to the Hardayal Municipal Heritage Public Library as
well as MCD and directed them to file reply to the writ petition. Next date of
hearing of the writ petition is 08.09.2022.
[Puran
Chand Versus Hardayal Municipal Heritage Public Library & Ors., Hon'ble Mr.
Justice Sanjeev Narula, Delhi High Court, Order dated 13.07.2022, W.P.(C)
7563/2022]
https://advocateanujaggarwal.com/home.php
Anuj
Aggarwal
Advocate
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Delhi - 110014
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High Court, New Delhi-110003
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