HC notice to Centre on PIL to make NDMC as elected body

Issuing notices to the Urban Development Ministry, the NDMC and the State Election Commission on the plea which also seeks holding of election for the NDMC, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw sought their replies by August.

The petition was filed by civil society Rashtriya Mukti Morcha through its counsel counsel Vijay Choudhary and Ravinder Kumar Aggarwal.

The petitioner said the NDMC is the sole corporation in the country which is not an elected body and this which is against the Constitutional mandate.

The petitioner sought the bench to declare section 4 of the NDMC Act, arguing that the same is ultra vires as the Constitution stipulates that the civic bodies should be elected ones.

Section 4 of the NDMC Act says that no election is required be held for the corporation and the council would be headed by a joint secretary of the Central government.

"Declare section 4 of the NDMC Act ultra vires to Article 243 (R) of the Constitution of India," the petitioner said.

The NGO also sought direction to the Delhi State Election Commission to conduct the NDMC election in accordance with the constitutional provisions within the time frame.

"Direct the NDMC to hand over the administration and functions of the council to the Administrator, GNCT, during the pendency of the petition and till the elections are held in accordance with the constitutional provisions" the petitioner said.