MCD Mayor Approaches Supreme Court To Allow Delhi Corporation To Exercise Functions Of Standing Committee

The Mayor of the Municipal Corporation of Delhi (MCD) has filed a petition before the Supreme Court seeking a direction to exercise the functions of its Standing Committee till the committee can be properly and legally constituted.

It may be recalled that the Top Court had reserved its judgment on the issue of whether the Lieutenant Governor (LG) of Delhi can nominate aldermen (nominated members) to the MCD without the consent of the Delhi Government.

Pertinently, this judgment was reserved in the Delhi Government's petition seeking the quashing of notifications through which the Lieutenant Governor (LG) of Delhi appointed ten nominated members to the Municipal Corporation of Delhi (MCD) on his initiative, and not on the aid and advice of the Council of Ministers. Thus, the legality of these members is pending.

Now, as per the Delhi Municipal Corporation Act, 1957 (DMC Act), these ten disputed members are also entitled to vote in the Standing Committee elections. Given that this will substantially impact the elections, the committee has not been constituted yet.

Considering the functions performed by the Standing Committee are at a halt, Mayor Shelly Oberoi, belonging to the Aam Aadmi Party (AAP), has moved the Supreme Court for relief.

“In view of the Petitioner's constitutional responsibilities to the citizens of Delhi, the present Petition has been preferred to seek a direction that the functions of the Standing Committee pending the adjudication of the legality of the process of appointment of its electors be exercised by the House of the MCD, i.e. the 'Corporation' composed of all the elected councilors as defined in Section 3(3)(a) of the DMC Act,” the petition stated.

Underscoring the prevailing situation, Oberoi, in her petition, has also argued that several amenities have been affected. Some of them include the procurement of textbooks and medical supplies for MCD's schools and health centers and the maintenance of public parks and public toilets.

The petition also mentioned a recent resolution passed by the Corporation, resolving that approvals for contracts involving expenditure greater than Rs. 5 crores, including where approval will be normally routed through the Standing Committee, be taken by the competent authorities directly from the Corporation. This was passed to alleviate the situation and preserve the interests of the citizens in Delhi.

Further, it has also been stressed that the corporation, being the body superior to the Standing Committee in both power and accountability, should exercise the functions of the Committee in its meetings. At the cost of repetition, it may be noted that such relief has been sought only till the Committee can be constituted.