NEW DELHI: The Supreme Court on Wednesday issued notice to the Delhi Lieutenant Governor and the pro-tem presiding officer of the Municipal Corporation of Delhi 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 sought a response from different authorities, including the MCD Commissioner on the plea, which also claimed there can't be voting rights granted to the nominated members.
Arguing on behalf of AAP, senior advocate A M Singhvi contended no election has been conducted for mayor, deputy mayor, and the members of the standing committee, which was due in December, 2022.
The counsel cited 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 that mayor or in his absence the deputy mayor have 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 directions for summoning of the MCD House within a week, no adjournment of proceedings till completion of the mayoral elections, and that nominated members are not entitled to vote in mayoral elections etc.
For the third time on Monday, the Delhi Municipal House was adjourned on February 6 without electing a mayor.
The petitioner had earlier filed a similar plea but withdrew it on notification of new date for the poll.
On January 6, when the poll was scheduled but the House was adjourned following a scuffle between the councillors of the BJP and the AAP.
Of the 250 wards in the MCD polls held in December, 2022, the AAP has won 134 seats while the BJP managed to win 104 wards.
AAP has opposed voting rights for the aldermen nominated by the Lieutenant Governor, who is the Centre's representative in Delhi.
