HC bins plea against reconstitution of Delhi’s town vending committees, imposes Rs 10,000 cost

It was further argued that the Delhi government, through its notification of September 17, 2019, reconstituted the TVCs in the North Delhi Municipal Corporation, the South Delhi Municipal Corporation and the East Delhi Municipal Corporation and removed the associations as members without providing them any notice or opportunity of hearing. They argued that they could not have been removed without following the provisions of the Delhi Street Vendors Rules.

After hearing the arguments, the division bench observed that associations had only a right to be “considered for nomination” to the TVCs, but had no “legal or vested right” to be nominated for membership.

The bench further held that just because the associations were once nominated to the TVCs would not amount to their having a “fundamental or legal right” to be renominated in perpetuity, and that the government “is well within its right to reconstitute TVCs”.

Coming down on the associations, the court opined, “The tendency to get nomination through court proceedings needs to be and is depreciated”.

The bench further held that the Delhi Street Vendors Rules had no application to the case because it was not about the removal of members but only about the TVCs’ reconstitution.

Imposing a cost of Rs 10, 000 on the petitioners, the court dismissed the plea noting that there were no allegations against the qualifications of the newly appointed members, or allegations of bias against any particular official. “Consequently, the present writ petition and the pending application, being bereft of merit, are dismissed with a cost of Rs 10,000, to be paid to the Delhi High Court Legal Services Committee,” the court held.

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