Delhi HC stays Tahir Hussain's suspension from East MCD
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New Delhi: The Delhi High Court on Friday stayed the order of the East Delhi Municipal Corporation (EDMC) by which the civic body has evicted Hussain from the House and removed him from the post of municipal councillor.
A single judge bench of the high court presided by Justice Najmi Waziri while putting an interim stay on the EDMC decision, also issued a notice to the civic body seeking its response and slated the matter for further hearing on March 17.
On August 26, the East MCD sacked Hussain from the post of Councillor. The proposal to sack Hussain was brought to the House as a monthly agenda and was passed unanimously. His membership was scrapped under section 33(2) of the Delhi Municipal Act.
The said sections stated that if during three successive months, a councillor is, without permission of the Corporation, absent from all the meetings thereof, the Corporation may declare his seat vacant.
In his plea filed before the high court, Hussain has stated that the said proposal by the EDMC is arbitrary, illegal and against the principles of natural justice.
"The Petitioner (Hussain) has not absented himself from the meetings of the Respondent Corporation (EDMC) for three successive months as the meetings of the Respondent were never held successively for three months till the month of August when the decision to vacate the seat of the Petitioner was taken in the year 2020," the plea stated.
He further stated that the meetings were held in the month of January, February (successively for two months) thereafter, the meetings were not held in the month of March, April and May. It added that, the meetings were again held in the month of June and July.
"Petitioner was neither provided with a show cause notice nor an opportunity of being heard before the decision of vacating his seat was taken which is against the principles of natural justice," Hussain said.