Saturday, December 2, 2023

Delhi High Court stays notice issued by MCD Mayor for re-election of six members to Standing Committee, seeks response from respondents

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The High Court of Delhi on Saturday stayed the notice issued by newly-elected Mayor Shelly Oberoi for re-election of six members to the Standing Committee of the Municipal Corporation of Delhi (MCD).

The Single-judge Bench of Justice Gaurang Kanth, during a special hearing today, observed that prima facie the Returning Officer or the Mayor had decided to hold re-elections without declaring the results of the polls conducted on February 24, which was in violation of Regulation 51 of the New Delhi Municipal Council (Procedure and Conduct of Business) Regulations, 1997.

The Bench noted that Regulation 51 did not give the Returning Officer or the Mayor the authority to declare an election of the Standing Committee as null and void. 

It further held that the counting of votes and declaration of result to the February 24 elections would only be considered as the final result of MCD elections.

The High Court observed that conducting a fresh election on February 27 would not serve any purpose and stayed the re-election till the next date of hearing.

The Bench further issued notice on two petitions moved by BJP leaders Kamaljeet Sehrawat and Shikha Roy, challenging the notice issued by Mayor Oberoi on February 24.

The petitioners contended that the Mayor conducted the elections for six members of the Standing Committee on February 24. However, without declaring results, a notice was issued on the same day for re-elections.

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