'Raise Issue In The House': Delhi High Court Refuses To Entertain PIL For Enhanced Allocated Funds Of MCD Councillors

The Delhi High Court on Tuesday refused to entertain a public interest litigation seeking directions on the Delhi Government to enhance the allocated funds of the Municipal Corporation of Delhi (MCD) Councillors to atleast Rs. 15 Crores for utilization for welfare and civic activities in the national capital.

A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela remarked that the issue should be raised in the House or before the public and that Court is not the appropriate forum for the same.

“Please raise this issue in the House. This is not the forum,” CJ told the counsel of Sonali, the petitioner, who is elected as the Councillor of MCD from Sidhartha Nagar ward.

“You must raise the disputes in the House. You're a member of the house. You are a corporator. We accept that you require funds but the forum to agitate the grievance is the House. Not here,” CJ further said.

He also remarked: “This issue has to be raised in the House. We cannot increase the allocation (for MCD councillors). I am not getting budget for Delhi High Court. Do you think I can get that for this?…. Raise this issue before the House and the public. You're a public representative no?”

As CJ Manmohan remarked that Court does not decide how the budget has to be allocated and spent, the PIL was withdrawn by petitioner's counsel.

The PIL sought directions on Delhi Government and MCD to make the allocated funds available to the MCD Councillors at the earliest, so that the same may be utilized for the welfare activities of the general public.

It further sought development of an appropriate mechanism by virtue of which the allocated funds of the MCD Councillors for their respective wards may be enhance from time to time looking at the requirement of the general public.

It was the petitioner's case that the insufficient funding for MCD councillors has hindered their ability to perform statutory duties.

“This lack of resources has resulted in the decline of essential public services, including the maintenance of parks, schools, dispensaries, roads, and community centres, adversely impacting the citizens of Delhi,” the plea said.

It added that the failure to maintain public facilities and provide adequate funding violates the right to life under Article 21 and the right to education under Article 21A of the Constitution.

“The deteriorating state of public health, safety, and infrastructure directly threatens citizens' fundamental rights. While MLAs receive 15 crores annually, MCD councilors are allocated only l crore per year, an amount unchanged for decades. This funding disparity undermines the functioning of local governance,” it further said.

Title: Mrs. Sonali v. Govt of NCT of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 1198