HC''s no to PIL on change in law on NDMC members'' appointment

New Delhi, Jan 19 (PTI) The Delhi High Court todayrefused to entertain a PIL seeking amendment in the civic lawdealing with nomination of two members to NDMC, saying itcannot take up the work of legislature and "re-cast" the law.

"We cannot legislate and recast the existing law and theprayer seeking to amend the New Delhi Municipal Council Act,1994," A Bench headed by Chief Justice Dipak Misra said.

The court was hearing a PIL filed by Indian Council ofLegal Aid and Advice (ICLAA), a lawyers'' organisation, seekingamendment in Section 4 of the Act which deals with nominationof two members, to be drawn from the group of eminentpersonalities, in the civic body.

R K Saini, appearing for the ICLAA, submitted thatunder the nominated category, the name of Ashok Ahuja, amember of Delhi Pradesh Congress Committee, a non-matriculateand a businessman, has been finalised.

"Such persons should not be allowed to serve in such aprestigious civic body and hence, I seek amendment in theconcerned provision of the Act," Saini said.

"You have not challenged the constitutional validityof the Act and moreover, the person in question (Ahuja) hasnot been nominated as yet," the Bench said.

The court termed the plea as premature and allowed thethe lawyers'' body to withdraw it.

It, however, granted the ICLAA liberty to file a freshpetition.

The relevant provision of the civic law prescribesthat two members would be nominated by "the Centre inconsultation with the Chief Minister and they (members) shouldbelong to community of lawyers, doctors, CA... and any otherclass of persons as may be specified by the central governmentin this regard."

The new team of NDMC would replace the old one whosefive year term expired today.