High Court Dismisses Plea Challenging Appointment Of Delhi Chief Secretary Vijay Dev As Election Commissioner Of Municipal Corporations

The Delhi High Court has dismissed a PIL challenging the decision to appoint of Delhi Chief Secretary Vijay Kumar Dev as the Election Commissioner of Municipal Corporations.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also refused to issue guidelines for appointment of election commissioners in the future. It observed that this relief sought by the Petitioner falls within the domain of the government, and it is not for the courts to frame the law on appointment of officers.

The petition was filed by former BJP MLA Nand Kishore Garg. He had challenged the notification dated November 25, 2021 issued by the Delhi government for appointment of Dev, presently serving as Delhi Chief Secretary, as the Election Commissioner of MCDs from April 21, 2022.

Dev's request for voluntary retirement has been approved and will take effect from April 20.

The Petitioner argued that the position of an Election Commissioner must be an independent post. However, the Delhi government appointing the Chief Secretary after allowing his voluntary retirement, purportedly for political reasons, is not tenable in law.

He argued that as per settled, law, election to municipal corporations must be held by an independent person, and he must not hold an additional charge.

The High Court was of the view that there is no question of conflict of interest since Dev will exit the office of Chief Secretary before assuming charge as the Election Commissioner of municipal corporations on April 21. It added that there is no basis to say that Dev will not perform his duties independently.

The Delhi government had opposed the plea, stating that Dev is an IAS cadre officer with unquestionable experience and track record. Senior Advocate Rahul Mehra added that the decision to appoint him as the Election Commissioner has been approved by the Lieutenant General of Delhi.

During the hearing, the Bench had inquired from the Petitioner as to the eligibility conditions of a person who can be appointed as the Election Commissioner of MCD and how Dev was disqualified.

It had also chided the Petitioner for not impleading Dev, as he was a necessary party to the proceedings.

Case Title: DR NAND KISHORE GARG v. GNCTD

Citation: 2022 LiveLaw (Del) 269

(To be updated with order)