Tuesday, October 3, 2023

MCD Mayor polls: Supreme Court bars LG-nominated members from voting, directs Delhi government to notify elections within 24 hours

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The Supreme Court has given an important order in which the Lieutenant Governor (LG) of Delhi Vinai Kumar Saxena has been instructed to announce the date of the polls for the election of mayor Municipal Corporation of Delhi (MCD)within 24 hours.

A bench comprising of Chief Justice of India (CJI) DY Chandrachud along with Justice PS Narasimha and Justice JB Pardiwala have clarified that the members nominated by the LG to the MCD cannot participate and vote in the polls to elect the mayor.

The bench in its instructions said that the first meeting of MCD election shall be held for the post of mayor, in which the nominated members shall not have the right to vote.

It has been said that the once the mayor has been elected, he shall be the presiding officer for the electing deputy mayor.

Another very important Notice issued was that the notice for the election of mayor and first meeting of MCD shall be issued within 24 hours which would fix the date on which election of mayor, deputy mayor and standing committee members.

Most important point said in the order was that the LG-nominated members cannot vote.

The court gave directions on a plea by moved by Shelly Oberoi of Aam Aadmi Party who challenged the move by LG’s which called for allowing members nominated by him to the Municipal Corporation of Delhi (MCD)for voting in the elections for mayor and deputy mayor.

The plea stated that Delhi does not have a mayor, despite voting in members of its municipal corporation in December last year.

according to the records and reports AAP had won 134 of 250 wards, whereas Bharatiya Janata Party (BJP) had won 104. The results were announced on December 7, 2022.

in the last two sittings, the MCD saw scuffle breaking out among the AAP and BJP councillors.

in the beginning Initially, given its lack of a majority, the saffron party had said that it would be putting forth candidates for the two posts, but has since gone back on that decision.

As per media report the house was adjourned on January 6 and January 24 due to pandemonium.

On January 24,the presiding officer had to adjourn the House indefinitely after shoving and sloganeering against Delhi Chief Minister, Arvind Kejriwal.

The issue broke out after AAP members had raised an objection to nominated councillors being given the oath first, a similar situation was repeated on February 6 as well.

The petitioner had earlier moved the top court for directions to expedite the elections to Delhi’s mayor and deputy mayor posts.

The petitioner (Oberoi )in her plea had urged the Court for ordering a time-bound conduct of elections, and ensuring that the nominated members are not allowed to vote.

That plea was subsequently withdrawn, with remedies kept open. Subsequently, she moved the present plea.

The petitioner had also raised objection to holding simultaneous elections for the post of mayor, deputy mayor and standing committee.

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