Delhi HC sets aside Mayor’s decision for repoll to elect committee members : The Tribune India

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Delhi HC sets aside Mayor’s decision for repoll to elect committee members

Delhi HC sets aside Mayor’s decision for repoll to elect committee members


Tribune News Service

New Delhi, May 23

The Delhi High Court on Tuesday set aside the decision of Mayor Shelly Oberoi to call for a repoll to elect six members of the MCD standing committee and directed her to declare forthwith the results of the poll held on February 24.

“Impugned order is set aside. Returning officer is directed to declare the result forthwith,” Justice Purushaindra Kumar Kaurav said adding that the Mayor, who was also the returning officer, acted beyond her powers and her decision was “legally impermissible”.

Oberoi had contended that re-polling was essential to ensure free and fair elections following the “ruckus” in the House even as the petitioners pointed out there was no enabling provision in law which empowered the Mayor to call for a repoll or a recounting.

“The act of the Mayor of rejecting the ballot after the stage of scrutiny and determination of quota was bad in law,” Justice Kaurav said.

The High Court, which had stayed the repoll on February 25, allowed the petitions filed by BJP councillors Kamaljeet Sehrawat and Shikha Roy challenging the Mayor’s decision to order a repoll for six MCD standing committee seats.

Petitioners Sehrawat and Roy alleged that the Mayor, who was the returning officer, wrongly invalidated one of the votes and interdicted the election process upon finding the results “politically unpalatable”.

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