Delhi Mayor Polls | AAP Leader Withdraws Plea In Supreme Court As MCD Mayor Polls Set To Take Place On Feb 6

The petition filed by Aam Aadmi Party's mayor candidate Dr Shelly Oberoi before the Supreme Court of India demanding timely conduct of Delhi mayoral elections has been withdrawn on the ground that the elections are going to take place on coming Monday (6th February 2023). The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. 

At the very outset, CJI DY Chandrachud noted that the mayoral elections were now happening on 6th February and the purpose of the petition had now been met with. However, Senior Advocate AM Singhvi highlighted–

"There are two things – first, that the elections happened very late. Second, the voters in the poll cannot be Aldermen."

Delhi Assembly had passed a resolution moved by AAP MLA Saurabh Bhardwaj, seeking direction to the MCD Commissioner to ensure that nominated members (Aldermen) are not allowed to vote in the House during Mayoral polls, as stated in the Constitution.

CJI DY Chandrachud remarked–

"But that was not what the petition was about. It was about timely conduct of elections. If we adjudge on this, then we'll have to stay the proceedings again and you don't want to stay also."

Accordingly, the bench suggested Dr Singhvi to withdraw the petition on the ground that election was taking place. The bench also granted him liberty to come back.

The Delhi mayor election was to take place on 24th January 2023 (for the second time in January). However, the elections were stalled owing to the House being adjourned indefinitely by the LG-appointed presiding officer following ruckus by some councillors. The first meeting of the newly elected House of the Municipal Corporation of Delhi (MCD) was also adjourned on January 6 owing to ruckus between AAP and BJP members.

Case Title: Shelly Oberoi And Anr. v. Office of Lieutenant Governor of Delhi And Anr. WP(C) No. 108/2023 [