MCD mayor election shall be conducted first, nominated members have no right to vote: SC

New Delhi: The Supreme Court on Friday ruled that the election to Municipal Corporation of Delhi (MCD) Mayor shall be conducted first and nominated persons have no right to vote in meetings of the Corporation.

A bench led by Chief Justice of India DY Chandrachud also directed the concerned authority to issue notice for the election of mayor and the first meeting of MCD shall be taken place within 24 hours. The court also directed that notice shall fix the date at which the election of the mayor, deputy mayor and other members shall be held.
The apex court said it must be noted that the election of the mayor shall be conducted first in the first meeting of MCD and once elected he shall preside over the election of the deputy mayor.

Supreme Court also noted that a provision in Delhi Municipal Corporation (DMC) Act indicates that persons nominated shall not have the right to vote in meetings of the corporation. The court also expressed its inability to accept the submission by MCD and Delhi Lieutenant Governor on certain issues.

The court remarked that the mayor has to be elected immediately as it does not look good if the mayoral polls are not conducted in the national capital.

The court also noted that the provisions related to municipal elections.

The court was hearing a joint petition of Aam Aadmi Party (AAP) and Shelly Oberoi challenging the Delhi Lieutenant Governor’s decision to permit the nominated members to vote in the elections for mayor and deputy mayor in MCD.

In the plea, the petitioner demanded time-bound elections to the post of MCD mayor, deputy mayor and member of the standing committee.

Recently the high-octane political drama unfolded inside the Delhi Civic Centre as the House met for a third time this month to elect the mayor, only to be deferred till the next date due to a ruckus over the nominated members being permitted to vote.

The House, which was first summoned on January 6 and then on January 25, had ended without a result due to unprecedented scenes emerging after the nominated members were allowed the right to vote for the post of mayor, deputy mayor and chairpersons of various standing committees.

The Civic Centre summoned for the third time on Monday to elect the mayor, however, no voting could take place due to ruckus and sloganeering and hence the stalemate continued.

The House proceedings began at the Delhi Civic Centre after Presiding officer Satya Sharma arrived and announced that aldermen- nominated members- will be allowed to vote in the process of electing the mayor. However, the House was adjourned after the Aam Aadmi Party members objected to it.

Soon after the House was resumed, the BJP members could be seen sloganeering while accusing the AAP of attempting to poach its councillors. The House was adjourned owing to the uproar, thus failing to elect the Mayor.

Earlier AAP’s mayoral candidate Shelly Oberoi moved to the Supreme Court but later on February 3, she withdrew her plea.

Oberoi in her plea had sought directions for the elections to take place in a time-bound manner and to ensure that the nominated members are not allowed to vote.