Nominated members of MCD cannot vote in Delhi mayoral poll: Supreme Court

Tribune News Service

Satya Prakash

New Delhi, February 17 

The counsellors nominated by Delhi Lieutenant Governor VK Saxena can’t vote in the election of Municipal Corporation of Delhi (MCD) Mayor, the Supreme Court ordered on Friday.

A Bench led by CJI DY Chandrachud ordered the Lt Governor to announce the MCD Mayor election in 24 hours.

On his/her election, the Mayor shall be the Presiding Officer for electing the Deputy Mayor and standing committee members.

The order came on a petition filed by Aam Aadmi Party mayoral candidate Shelly Oberoi challenging the LG’s move to allow members nominated by him to vote in the mayoral election.

“Nominated members cannot go for election. The constitutional provision is very clear,” a Bench led by Chief Justice of India DY Chandrachud had commented on February 13.

The AAP won 134 of the 250 wards in the MCD polls held in December 2022, while the BJP won in 104 wards.  The AAP has accused the BJP of running away from holding the election for the post of Mayor.

The MCD mayoral election has got postponed four times. The first meeting of the newly-elected MCD House was adjourned on January 6 due to ruckus by AAP and BJP members. 

It could not be held on January 24 as the House was adjourned indefinitely by the LG-appointed presiding officer following uproar by councillors. 

On February 6, the election couldn’t take place following uproar over voting rights given to members nominated by the LG, with the AAP accusing the BJP of stealing its mandate by giving voting rights to the nominated members.

A day after Delhi Lt Governor VK Saxena approved February 16 as the date for election of MCD Mayor, Deputy Mayor and six members of Standing Committee, Additional Solicitor General Sanjay Jain told the Bench that the LG Office would postpone the mayoral election to a date after February 17 in view of the hearing before the top court.

The Supreme Court had on February 8 issued notice to the offices of Delhi Lt Governor and MCD House Pro tem presiding officer on a petition filed by AAP and its mayoral candidate Shelly Oberoi seeking directions for early mayoral election. The AAP petition has demanded that the LG-nominated members should not be allowed to vote in the mayoral election.

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