AAP moves SC against MCD standing committee’s recent election

The Aam Aadmi Party (AAP) has moved the Supreme Court to challenge the September 27 election held for a member of the Municipal Corporation of Delhi’s standing committee which was won by the BJP.

The BJP won the last vacant seat of the 18-member MCD standing committee unopposed as the councillors of the ruling AAP boycotted the election, alleging that the process was contrary to the Delhi Municipal Corporation Act.

Delhi Chief Minister Atishi had on Saturday accused the BJP of “murdering” democracy and claimed that the election was “illegal and unconstitutional”. She had said the AAP would approach the Supreme Court against the election.

“The country runs by the Constitution and laws, not by hooliganism. So the BJP should stop murdering democracy,” she had said, adding the standing committee member’s election was held in violation of the Delhi Municipal Corporation (DMC) Act, 1957.

Atishi had said that only the mayor can decide the date and place for the election of the MCD standing committee members and only the mayor can preside over a meeting of the MCD councillors for the election.

However, Delhi BJP president Virendra Sachdeva had contradicted her, saying the chief minister’s remarks were “completely driven by political self-interest” and aimed at spreading “confusion”.

“Atishi should know that under Section 45 of the DMC Act, the formation of the standing committee is mandatory. Under section 487, the LG and the municipal commissioner have the authority to convene a meeting of the corporation under special circumstances and they can appoint a presiding officer for the meeting,” Sachdeva had said.

The BJP had recently moved the top court for an urgent hearing on its petition seeking to initiate contempt proceedings against Delhi Mayor Shelly Oberoi over the election to fill the vacancy in the MCD’s standing committee.

The Supreme Court had last month ruled that the law “expressly” enabled the Delhi Lieutenant Governor to nominate aldermen to the MCD and he was not bound by the advice of the council of ministers on the matter. It had dismissed the Delhi Government’s petition challenging the Lieutenant Governor’s power to nominate 10 aldermen in the MCD without the aid and advice of the council of ministers led by the Chief Minister.