Supreme Court Questions Delhi LG's Authority Over MCD Election

The Supreme Court has summoned Delhi's Lieutenant Governor to explain the hurried execution of the MCD Standing Committee election without Mayor Shelly Oberoi. The Court questioned the legality of the action under Section 487 of the Delhi Municipal Act, highlighting concerns over democratic interference.

On Friday, the Supreme Court demanded a response from the office of Delhi Lieutenant Governor VK Saxena regarding a plea submitted by Mayor and Aam Aadmi Party (AAP) leader Shelly Oberoi. The plea challenges the election process of the 6th member of the Municipal Corporation of Delhi (MCD) Standing Committee.

A bench comprising Justices PS Narasimha and R Mahadevan inquired into the LG's decision to exercise executive power for conducting the MCD Standing Committee election, issuing a notice to his office and scheduling a hearing for two weeks later.

During the session, the court criticized the urgency displayed by the LG in holding the election without the Mayor, questioning the use of powers under Section 487 of the Delhi Municipal Act. The bench pondered, "Where do you derive the authority to halt this election under Section 487? This section pertains to executive power, not legislative interference. Elections are a democratic process. Constant interference undermines democracy," the bench warned.

Section 487 outlines the administrator's power over municipal functions. Senior advocate Sanjay Jain, representing the LG, argued that the election was postponed to October 5 by the Mayor herself, thus violating the court's August directive to fill the vacancy within a month.

Appearing for the Mayor, senior advocate Abhishek Manu Singhvi urged the Supreme Court to stop the election of the Standing Committee Chairman. The court advised the LG's office not to proceed with elections until a decision on the plea, emphasizing potential repercussions if ignored.

Justice Narasimha cautioned Jain, "We are advising against holding the elections." The Mayor's petition challenges the September 27 election of the 6th MCD standing committee member, a position won by Bharatiya Janata Party (BJP) candidate.

Oberoi's petition asserts that the election was unconstitutional, contravening the Delhi Municipal Corporation (DMC) Act and accompanying guidelines. She claims the LG's directives led to the election, during which an IAS Officer, not the Mayor, presided over the meeting.

Oberoi argues that the Mayor should decide the meeting's parameters for the Standing Committee election, which must be led by the Mayor. The vacancy arose when BJP's Kamaljeet Sehrawat was elected to the Lok Sabha.

(With inputs from agencies.)