Surender Singh, who was elected to the Delhi Legislative Assembly from Delhi Cantonment constituency, has also challenged two letters issued by the Council on October 1 and 7 for vacation of his office.
Singh in his petition has sought quashing of the Council's resolution of September 26 as well as the two letters, which is listed for hearing before Justice Manmohan on October 13.
In his plea, he has alleged that the withdrawal of his facilities, like office space, residential accommodation, car, chauffeur, etc, has been done with the aim to hamper him from performing his duties and functions as a NDMC member.
He said in his plea that any person elected from Delhi cantonment as well as New Delhi constituency, automatically become NDMC members, which also includes former Delhi Chief Minister Arvind Kejriwal.
"The facilities are sought to be withdrawn under the garb of the so-called non-existent and imaginary and mala fide threat that if facilities are provided to elected members of the Council, then these members would attract disqualification under Article 191 (1) (a) of the Constitution," the petition has said.