Victory for AAP: SC Disallows Nominated Members from Voting in MCD Mayoral Elections
Manas Dasgupta
NEW DELHI, Feb 17: In a major victory for the Aam Aadmi Party, the Supreme Court on Friday directed that nominated members do not have the right to vote in the elections for Delhi Mayor, Deputy Mayor and Members of the standing committee of the Municipal Corporation of Delhi.
A bench of chief justice DY Chandrachud and justices PS Narasimha and JB Pardiwala also said notice for the election must be given within 24 hours. “Notice for election of mayor and first meeting of the MCD shall be issued within 24 hours and notice shall fix date at which elections of mayor, deputy mayor and standing committee members shall be held,” the court added.
The bench was hearing a plea filed by the AAP’s mayoral candidate, Shelly Oberoi, seeking early conduct of the election.
“We have heard both parties. We are unable to accept submission on behalf of the Municipal Corporation. Constitution has imposed restriction in terms of which nominated members do not have right to vote. Prohibition on nominated members in exercise of right to vote applies on first meeting,” the court said.
“Members nominated to the House of the Municipal Corporation of Delhi (MCD) by the Lieutenant Governor cannot vote to elect the mayor, deputy mayor or members of the standing committee,” the Supreme Court held. It said the Mayor should be elected first who will then preside over the election of the deputy mayor and standing committee members and issued further directions to the authorities concerned to ensure that the notification for the Mayoral election be issued in 24 hours.
Earlier this month, the CJI had remarked that the Constitution does not allow nominated members of a municipality the right to vote in meetings. The Delhi MCD elections were held on December 4, 2022, but subsequent polls for the offices of Mayor, Deputy Mayor and members of the Standing Committees were stalled thrice.
The mayor election had been postponed thrice in over two months after the AAP alleged that the BJP tried to capture the civic body by electing a BJP leader to the mayor’s post. The AAP had won far more seats than the BJP in the December election to the Municipal Corporation of Delhi, or MCD, 134 to the BJP’s 104 seats in the 250-member MCD.
The 10 aldermen appointed by the Lieutenant Governor had tried to vote in the last election, due to which the AAP protested and the house descended into chaos. The election was eventually postponed again. The aldermen would have added to the BJP’s numbers, the party of Delhi Chief Minister Arvind Kejriwal had alleged.
The Supreme Court today said election to choose the deputy mayor can only be held after the mayor is elected. “It needs to be emphasised that the mayor once elected will conduct the meetings (for the subsequent elections). Election of the mayor should be held first. The mayor will then preside over the meetings for the election of the deputy,” Chief Justice of India DY Chandrachud said.
Kejriwal tweeted the Supreme Court order “proved how the Lieutenant Governor and the BJP have been passing illegal orders in Delhi”, a Union Territory. “Supreme Court’s order is a victory of democracy. Many thanks to the Supreme Court. Delhi will now get a mayor after two and a half months. It has now been proved how the Lieutenant Governor and the BJP together are passing illegal and unconstitutional orders in Delhi,” Kejriwal tweeted in Hindi.
AAP MP Raghav Chadha tweeted, “Delhi has won. The Lieutenant Governor should profusely apologise to the people of Delhi and resign with immediate effect. His actions and orders have violated the constitution repeatedly. BJP, which tried every dirty trick in the book to deny Delhi a mayor, stands thoroughly defeated today.”
The BJP said it too welcomed the SC decision. “We welcome the order of the Supreme Court; we also wanted the election to be conducted but it was the AAP which has been delaying it over the last three occasions. We are happy with this verdict and also want the Mayoral elections to be conducted so that the MCD gets a mayor and civic work in the city moves forward,” BJP spokesperson Harish Khurana said.
The House was adjourned on three successive occasions over varying issues related to nominated members, the 10 aldermen who are members of the BJP recommended by Lieutenant Governor Vinai Kumar Saxena. The MCD elections were postponed on January 6, January 24 and February 6 following confrontations between AAP and BJP leaders triggered by issues ranging from the swearing-in of aldermen to voting rights for them.
In the last sitting of the House, BJP councillor chosen by Saxena to be the presiding officer, Satya Sharma, had announced simultaneous elections to the posts of mayor, deputy mayor and the standing committee. Sharma had contended that nominated members are empowered to vote in internal polls to the body’s posts as per the Delhi Municipal Corporation Act, 1957.
