Delhi riots: Hussain’s disqualification as councillor put on hold
The Delhi high court Friday stayed the EDMC decision to disqualify suspended AAP leader Tahir Hussain, arrested in connection with a case related to north-east Delhi riots in February, as councillor of the municipal body.
Justice Najmi Waziri put on hold the East Delhi Municipal Corporation’s August 26 decision on Hussain’s plea challenging it.
The court also issued notice to the corporation, represented by its standing counsel Gaurang Kanth, and sought its stand on the petition by March 17, 2021.
Senior advocate Salman Khurshid and advocates Rizwan and Anupam Srivastava, appearing for Hussain, told the court that the EDMC decision was “arbitrary, illegal and against the principles of natural justice” and ought to be set aside.
The petition also challenged EDMC’s letter dated August 20 proposing to “vacate his seat” as councillor for not attending the House meetings held in the month of January, February,
June and July.
The August 20 proposal was confirmed by the corporation on August 26, the petition said.
It has contended that Hussain was arrested on March 5 in connection with the riots and has been in custody ever since and as he received no prior notice of the meetings held thereafter, he could not move the court to seek permission for attending them.
The petition, moved by Hussain’s wife on his behalf, has also contended that under the Delhi Municipal Corporations Act, 72 hours prior notice has to be given to all the councillors before every meeting.