City Mayor`s election challenged in Delhi High Court

A city councilor on Wednesday moved the Delhi High Court seeking disqualification of Mayor Rajni Abbi on the ground that she was holding an additional post of profit on the date of her election.

Last Updated: Apr 27, 2011, 14:05 PM IST

New Delhi: A city councilor on Wednesday moved
the Delhi High Court seeking disqualification of Mayor Rajni
Abbi on the ground that she was holding an additional post of
profit on the date of her election.
While adjourning the hearing in the case till July 8,
Justice S Muralidhar asked petitioner Shambhu Dayal Sharma to
modify his petition and insert a paragraph detailing the post
of profit that the Mayor has been holding on date of her
election.

Sharma, an MCD councillor from ward 23, sought a
direction to disqualify 49-year-old Abbi as Mayor, contending
that she had applied for the post on April 13 without taking
leave from the Delhi University where she is a professor in
its law faculty.

"Abbi was gainfully employed when she had applied for
the post of Mayor on April 13 and also on April 20 when she
was duly elected. She has taken leave from her employer only
after election and taking over the oath for the post," Sharma
said in the petition.
The petitioner said that holding the office of profit
at the time of election is unconstitutional.

"A person holding an office of profit and
simultaneously functioning as a councillor and subsequently as
a Mayor has incurred disqualification as per the law laid down
under the Delhi Municipal Corporation Act," he said.

"Abbi has committed not only breach of MCD Act but
also the fundamental rights of citizens of this country and
the valuable principles of law as enshrined in the
constitution of India and also the Election Commission rules
and regulations," the petitioner said seeking court`s
direction to set aside Abbi`s election as Mayor.

Abbi, a teacher by profession and first academician to
hold the post, was elected as Mayor of Delhi on April 20.

PTI