Delhi govt defends before HC appointment of Chief Secretary as Election Commissioner
New Delhi Mar 30 PTI The Delhi government has defended before the Delhi High Court the appointment of Chief Secretary Vijay Kumar Dev as Election Commissioner of Municipal Corporation of Delhi saying that the appointment has been made in accordance with law and to say that it was done as a quid pro quo is scurrilousIn an affidavit filed in response to the petition by former BJP MLA Nand Kishore Garg alleging that the appointment was illegal and improper the Delhi government informed that the officer is scheduled to assume office as the Election Commissioner on April 21 when he would no longer be serving as government servant as his request seeking voluntary resignation with effect from April 20 has been acceptedThe government said that a fresh and independent appointment was made with the approval of the Delhi Lieutenant Governor and that the officers reputation experience and track record is beyond doubt and unquestionable and the decision was taken after due detailed and in-depth consideration at the highest level and after taking note of all persons falling in the zone of consideration The motive objective and purpose of the plea appears to be to stall the elections to the three Municipal Corporations and tarnish the reputation of the officer and should thus be dismissed it stated It is further clarified that the appointment has no connection or correlation with the upcoming elections at the Delhi Municipal Corporations The contention of the petitioner that the impugned appointment has been made as a quid pro quo by the government to reward the officer in question is scurrilous to say the least and is vehemently denied said the affidavit filed by Deputy Director of Local Bodies Department of Urban Development Delhi government It is unfortunate that the petitioner who is quite clearly seeking to garner publicity did not care to even spare a thought about the advisability of levelling such callous careless motivated and baseless allegations against a highly reputed and dedicated public servant it said The affidavit further said that the Election Commissioner of National Capital Territory of Delhi Conditions of service and tenure of office Rules 2019 expressly provide that the person to be appointed as an election commissioner must be a serving or retired officer belonging to the Indian Administrative Service having held the rank of Secretary to the Govt Of India UT cadre or Chief Secretary Principal Secretary in the Delhi government and therefore the appointment in the present case is in accordance with the statutory regime and does not suffer from any infirmity It is denied that the answering respondent has acted with vested interests or ulterior motives or to oblige the serving Chief Secretary as alleged or at all It is submitted that the pleadings in the present petition are scurrilous and scandalous and deserve to be struck off the record it stated In December last year the court had sought Delhi governments stand on the petition seeking direction to the state to immediately withdraw its November 25 notification which was stated to have improperly earmarked the appointment of serving chief secretary of Government of NCT of Delhi asElectionCommissioner of Municipal Corporation of Delhi with effect from April 21 The plea filed through advocate Shashank Deo Sudhi has claimed that the appointment was made in utter violation to the settled principles of law which mandates that important government post likeelectioncommissioner must be offered to the neutral and apolitical person and must not be the party to the several political as well as administrative decision of a particular government as it can be capable of affecting the free and fairelectionprocess in the MCD In this respect it is submitted that the serving chief secretary of Government of NCT of Delhi is still having his tenure of present service till March 8 2023 However the respondent no1 Delhi government has acted with vested interest and ulterior motive as incumbent chief secretary of Delhi has been actively associated with it at every level of administrative decisions and it has obliged the serving chief secretary to pay-back to it in forthcoming election of MCD as the government had decided to extend the service tenure of incumbent chief secretary for more than five years the plea said It alleged that this blatant decision of the government has serious bearing and repercussion to the very foundation of democracy and the notification is not only improper but also illegal and against the settled principles of law and same may be declared as unconstitutional PTI ADS SA
New Delhi Mar 30 PTI The Delhi government has defended before the Delhi High Court the appointment of Chief Secretary Vijay Kumar Dev as Election Commissioner of Municipal Corporation of Delhi saying that the appointment has been made in accordance with law and to say that it was done as a quid pro quo is scurrilousIn an affidavit filed in response to the petition by former BJP MLA Nand Kishore Garg alleging that the appointment was illegal and improper the Delhi government informed that the officer is scheduled to assume office as the Election Commissioner on April 21 when he would no longer be serving as government servant as his request seeking voluntary resignation with effect from April 20 has been acceptedThe government said that a fresh and independent appointment was made with the approval of the Delhi Lieutenant Governor and that the officers reputation experience and track record is beyond doubt and unquestionable and the decision was taken after due detailed and in-depth consideration at the highest level and after taking note of all persons falling in the zone of consideration The motive objective and purpose of the plea appears to be to stall the elections to the three Municipal Corporations and tarnish the reputation of the officer and should thus be dismissed it stated It is further clarified that the appointment has no connection or correlation with the upcoming elections at the Delhi Municipal Corporations The contention of the petitioner that the impugned appointment has been made as a quid pro quo by the government to reward the officer in question is scurrilous to say the least and is vehemently denied said the affidavit filed by Deputy Director of Local Bodies Department of Urban Development Delhi government It is unfortunate that the petitioner who is quite clearly seeking to garner publicity did not care to even spare a thought about the advisability of levelling such callous careless motivated and baseless allegations against a highly reputed and dedicated public servant it said The affidavit further said that the Election Commissioner of National Capital Territory of Delhi Conditions of service and tenure of office Rules 2019 expressly provide that the person to be appointed as an election commissioner must be a serving or retired officer belonging to the Indian Administrative Service having held the rank of Secretary to the Govt Of India UT cadre or Chief Secretary Principal Secretary in the Delhi government and therefore the appointment in the present case is in accordance with the statutory regime and does not suffer from any infirmity It is denied that the answering respondent has acted with vested interests or ulterior motives or to oblige the serving Chief Secretary as alleged or at all It is submitted that the pleadings in the present petition are scurrilous and scandalous and deserve to be struck off the record it stated In December last year the court had sought Delhi governments stand on the petition seeking direction to the state to immediately withdraw its November 25 notification which was stated to have improperly earmarked the appointment of serving chief secretary of Government of NCT of Delhi asElectionCommissioner of Municipal Corporation of Delhi with effect from April 21 The plea filed through advocate Shashank Deo Sudhi has claimed that the appointment was made in utter violation to the settled principles of law which mandates that important government post likeelectioncommissioner must be offered to the neutral and apolitical person and must not be the party to the several political as well as administrative decision of a particular government as it can be capable of affecting the free and fairelectionprocess in the MCD In this respect it is submitted that the serving chief secretary of Government of NCT of Delhi is still having his tenure of present service till March 8 2023 However the respondent no1 Delhi government has acted with vested interest and ulterior motive as incumbent chief secretary of Delhi has been actively associated with it at every level of administrative decisions and it has obliged the serving chief secretary to pay-back to it in forthcoming election of MCD as the government had decided to extend the service tenure of incumbent chief secretary for more than five years the plea said It alleged that this blatant decision of the government has serious bearing and repercussion to the very foundation of democracy and the notification is not only improper but also illegal and against the settled principles of law and same may be declared as unconstitutional PTI ADS SA
