New Delhi, Oct 4 (UNI) The Supreme Court on Friday issued notice on a petition filed by Delhi Mayor Shelly Oberoi challenging the conduct of the Municipal Corporation of Delhi (MCD) standing committee election by Delhi Lieutenant Governor (LG) VK Saxena.
A Bench comprising Justice PS Narasimha and Justice R Mahadevan while issuing notice, questioned the LG’s actions, including the haste with which he directed to conduct the election.
The Court rapped the LG over the manner he interfered in an election process for the appointment of the sixth member of the Municipal Corporation of Delhi (MCD) standing committee.
For the sixth member of MCD, the Bharatiya Janata Party (BJP) candidate had eventually been elected to the post after the Aam Aadmi Party (AAP) and Congress boycotted the September 27 election to protest the LG’s actions.
Delhi Mayor Shelly Oberoi challenged the election before the Supreme Court.
The Court said, “We have serious apprehensions about whether powers of LG in the election process were valid and there is politics in this also’.
The Apex Court said it would examine Section 487 (of the Delhi Municipal Corporation Act).
What was the ‘tearing hurry’?, the court asked.
The election was held in August. The mayor had to preside over standing committee election, the bench said.
Where did you (LG) get all this power under Section 487 of DMC Act? It is not to interfere with legislative powers,” the Top Court said.
The Court then issued notice in the matter and adjourned the case by two weeks.
The Court categorically directed that further election for the post of chairperson should not be held in the meantime.
“Do not hold those election, we are just telling you,” the Court warned.
Senior Advocate Dr. Abhishek Manu Singhvi with Advocate Prateek Chadha appeared for Oberoi.
Senior Advocates Sanjay Jain and Garima Prashad appeared for the LG and opposed the plea.
Oberoi contended that it was her privilege to conduct the election but the LG hijacked it.
The MCD election for the sixth member of the MCD standing committee were initially adjourned on September 26 till October 5.
However, the LG invoked his extraordinary powers under Section 487 (directions by the Central government) of the Delhi Municipal Corporation Act and issued a directive on the night of September 26 to hold the election on September 27 at 2 PM.
The election held on September 27 saw the opposition BJP securing the final seat.
In her petition, Oberoi claimed that the election was unlawful and breached the Delhi Municipal Corporation (DMC) Act and associated norms.
The mayor said that the election method lacked legitimacy and impartiality.
Oberoi alleged that the LG’s decision to nominate an Indian Administrative Service (IAS) official as the presiding officer of the election rather than the Mayor was in contravention of the election rules.
