Sunday, July 17, 2022

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

 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/advocateadmin/img/Finalist/2022071716580711292022%20Del%20Single%20-%20PURAN%20CHAND.pdf

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

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