SC seeks replies of office of L-G on plea for early holding of mayoral election in MCD

The Supreme Court on Wednesday sought a response from the offices of the Delhi Lieutenant Governor and the pro-tem presiding officer of the Municipal Corporation of Delhi (MCD), MCD commissioner on a petition filed by AAP’s mayoral candidate Shelly Oberoi against delay in conducting mayor polls.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala issued notice to the respondents on the plea also questioning the permission to allow voting rights to the nominated members.

Appearing for the petitioner, senior advocate A M Singhvi said though elections were to be conducted in December 2022, the situation at present is that no election has been conducted for mayor, deputy mayor, and the members of the standing committee.

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He referred to Article 243R of the Constitution stating that nominated members cannot be allowed to vote, therefore allowing nominated members to vote in the election to the posts is unconstitutional.

The court noted Singhvi's contention that according to Section 76 of the Delhi Municipal Corporation Act the mayor or in his absence, the deputy mayor has to preside on every meeting of the corporation, and the simultaneous holding of elections for three posts --mayor, deputy mayor, and standing committee members -- is contrary to the statute.

The plea sought summoning of the MCD House within a week, no adjournment of proceedings till completion of the mayoral elections, declaration that nominated members are not entitled to vote in mayoral elections etc.

The Delhi Municipal House was adjourned for the third time on Monday without electing a mayor, forcing the petitioner to approach the top court within days.

Last week, the apex court noted that the election had been notified and granted the petitioner liberty to come back in case of any grievances.

The mayoral election was first scheduled to for January 6, but the House was adjourned following a scuffle between the councillors of the BJP and the AAP.

The AAP has won 134 of the 250 wards in the MCD polls held in December 2022. The BJP managed to win 104 wards.