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'What's...the hurry': SC chides Delhi-LG for holding election without mayor 
SC questions LG's decision to expedite MCD elections

'What's...the hurry': SC chides Delhi-LG for holding election without mayor 

Oct 04, 2024
03:14 pm

What's the story

The Supreme Court on Friday questioned Delhi Lieutenant Governor Vinay Kumar Saxena over his decision to hurry the elections for the Municipal Corporation of Delhi (MCD) standing committee members without the mayor. The court expressed concern about Saxena's appointment of a presiding officer for these polls, suggesting potential interference with democratic processes. "What is the glaring hurry in holding elections? The nomination issue is also there. The mayor is to preside over the meeting," it said.

Election controversy

SC criticizes LG's exercise of executive power

The court's remarks came during a hearing on a plea by Delhi Mayor Shelly Oberoi, who is challenging the election of the sixth member of the MCD standing committee. The court further questioned Saxena's source of authority, asking, "Where do you get the power? Under 487? It's an executive power. What happens to democracy if you interfere like this?" The court also criticized the grouping of these matters as unjustified and suggested political motivations behind Saxena's actions.

Legal proceedings

SC issues notice on Oberoi's petition, halts further elections

The court has issued a notice regarding Oberoi's petition and instructed Saxena not to proceed with further elections until after the petition is heard in two weeks. "Do you propose to hold the election soon? If you hold elections, we are telling you, we will take it seriously," the bench told Jain. The controversial election in question took place on September 27 under Section 487 of the Delhi Municipal Corporation Act (DMC), which grants certain powers to administrators like Saxena.

Election results

BJP wins last vacant seat in controversial MCD election

The Bharatiya Janata Party (BJP) won the last vacant seat of the MCD's 18-member Standing Committee unopposed, as councilors from the ruling Aam Aadmi Party (AAP) and Congress boycotted the election. The BJP's candidate, Sunder Singh, received all 115 votes from his party's councilors. This victory gives the BJP control over MCD's financial matters and makes it the majority party in the panel with 10 members, compared to the AAP's eight.

Legal challenge

Delhi mayor challenges 'unconstitutional' MCD election procedure

Oberoi had moved the court on October 1, arguing that the procedure to carry out this process was "unconstitutional" and a "blatant violation of the rights of elected representatives." She requested orders to "set aside elections to posts of chairman, deputy chairman, and one member to standing committee from ward committees." Separately, Delhi Chief Minister Atishi also labeled the election as "illegal, unconstitutional, and undemocratic," questioning its legitimacy.