Dispute Over Delhi LG's Power To Nominate Members : Supreme Court Adjourns Delhi Municipal Corporation Mayor's Plea On Standing Committee
The Supreme Court on Monday (February 5) adjourned by two weeks the petition filed by Aam Aadmi Party (AAP) member Shelly Oberoi, the Mayor of the Municipal Corporation of Delhi (MCD), seeking to allow the Corporation to exercise the functions of the Standing Committee.A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the...
The Supreme Court on Monday (February 5) adjourned by two weeks the petition filed by Aam Aadmi Party (AAP) member Shelly Oberoi, the Mayor of the Municipal Corporation of Delhi (MCD), seeking to allow the Corporation to exercise the functions of the Standing Committee.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra heard the matter.
Senior Advocate Dr Abhishek Manu Singhvi, appearing for the petitioner, told the bench that the Standing Committee is performing various vital functions and any decision having an expenditure of Rs 5 crores, including the midday meals scheme for the school children, has to go through the Standing Committee. He explained that the Standing Committee consists of 18 members, out of whom six members are directly elected by the corporation. The remaining twelve members are elected by an electoral college which includes ten members who have been nominated by the Lieutenant Governor (LG). According to the petitioner, the members nominated by the LG cannot be allowed to elect the Standing Committee members. Singhvi, along with his briefing counsel Advocate-on-Record Shadan Farasat, told the bench that the Court, in May last year, reserved judgment on the issue whether the LG can nominate members unilaterally without the consent of the Delhi Government.
Chief Justice of India DY Chandrachud asked if there is a Standing Committee existing today. "Not really," Singhvi replied.
"We will stand this over by two weeks, let us see what happens, " CJI said.
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 and whether such members have voting powers.
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 op the aid and advice of the Council of Ministers. Thus, the legality of these members is pending.
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.
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 centres 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