High Court Sets Aside Delhi Mayor’s Decision For Re-Election Of MCD Standing Committee

The Delhi High Court on Tuesday set aside the decision of Mayor Shelly Oberoi to hold re-election for six members of the standing committee of the Municipal Corporation of Delhi.

Justice Purushaindra Kumar Kaurav allowed the pleas moved by BJP councillors Kamaljeet Sehrawat and Shikha Roy challenging the notice issued by the Mayor on February 24.

The court has ordered the Mayor to declare the results of the elections which were held on February 24 fortwith.

“The action of Mayor/RO of rejecting the ballot and declaring it to be invalid, after the stage of scrutiny had reached and the quota successfully ascertained, the same is bad in law. The decision of re-poll taken by the Mayor/RO is impermissible as the same was not based on any material relevant to the issue,” the court said.

It added that the Mayor’s decision was in excess of powers conferred by the applicable law and that Oberoi’s actions were without any power or authority and were taken without jurisdiction.

“This court is therefore of the considered opinion that the entire approach of the Mayor/RO is contrary to the provisions of Regulations, 1958 and the Rules, 1956. The decision taken by the Mayor/RO is nothing but a colourable exercise of power,” the court said. 

Furthermore, Justice Kaurav also held that Oberoi’s actions of engaging in the re-scrutiny of ballots when the stage of scrutiny was passed and the stage of counting of votes was  undergoing, was beyond the powers vested with her. 

“The actions are thus found by this court to be bad in law. This court has further found that even when, the powers are so assumed to vest with the Mayor/RO and the action of rejecting the ballot, on merits is considered, the same is found to be impermissible by law,” the court said.

The respondents in the pleas were Delhi government, Delhi Lieutenant Governor VK Saxena, the civic body and Mayor Shelly Oberoi, who was also the returning officer.

On February 25, the court had stayed the impugned notice observing that prima facie, the returning officer or Mayor was conducting the re-elections without declaring the results of elections conducted on February 24. The court had said that the same was in violation of Regulation 51 of New Delhi Municipal Council (Procedure and Conduct of Business) Regulations, 1997.

“From a perusal of Regulation 51, it is nowhere reflected that the returning officer or mayor has the authority to declare an election of standing committee as null and void. It is not out of place to mention that admittedly, the counting of votes and further duty casted upon mayor as in declaring the result of elections held on February 24 shall culminate into final result,” the court had said.

It was the petitioners’ case that although the Mayor conducted elections for six members of the standing committee on February 24, a notice was issued on the same day for re-elections without declaring results.

On the other hand, the mayor had contended that she had no other alternative but to declare the earlier poll as null and void as the process was vitiated due to the unruly behaviour of the members.

It was also submitted that the Mayor did not get adequate cooperation from the member secretary and technical expert.

The petitioners were represented by Senior Advocates Mahesh Jethmalani and Jayant Mehta.

The respondents were represented by ASC Udit Malik, Standing Counsel Ajay Digpaul, Senior Advocates Rahul Mehra and Raj Shekhar Rao.

Title: KAMALJEET SEHRAWAT v. OFFICE OF LIEUTENANT GOVERNOR OF DELHI & ORS. and other connected matter

Citation: 2023 LiveLaw (Del) 431

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