North, South MCDs move HC to stop Assembly committee from interfering in admin functions

NEW DELHI: A The Delhi High Court on Thursday listed for hearing on July 8 petitions by North Delhi Municipal Corporation and South Delhi Municipal Corporation to restrain Delhi Assembly’s Committee of Privileges from interfering in their administrative and other functions.

Justice Yashwant Varma asked the municipal corporations to respond to the preliminary objections raised by the Delhi government on the issue of maintainability of the petitions, which are specifically directed against the Privilege Committee demanding certain information from them and stated that the case be listed on the same date as another writ petition seeking similar reliefs.

Senior advocate Sanjay Poddar, appearing for the petitioners, urged the court to issue directions for no coercive action and argued that the concept of local self-governance is constitutionally recognised and the committee has no power of superintendence over the corporations.

Delhi government lawyer Gautam Narayan said that the notice under challenge was directed against the Director of Local Bodies in the Delhi government and thus there is no cause for a corporation to have moved the high court. Let the petitioner respond to the preliminary objection to the writ petition... Let these two writ petitions be also posted for July 8, the court ordered. In the petitions, the corporations have stated that the demand by the Privilege Committee, seeking several information including its finances, was illegal and amounted to an unwarranted invasion of functions and administration of the corporations.

The Corporation has absolute immunity under the law and specifically under Rules of House if the nature of the information sought is examined in the light of their own rules. The information sought from Corporation relates to the following subjects namely finances, expenses, toll, parking, recoveries, properties, sealing, horticulture, schools, assets and employee etc, the petition said.

The petitioner has its own House Committees to examine its affairs and accounts, the respondent cannot in any manner cause unwarranted interference and superintendence in the affairs of the corporation, it added.