Delhi High Court Stays MCD Mayor's Notice For Re-Election To Standing Committee

In a special Saturday hearing, the Delhi High Court stayed the newly-elected Mayor Shelly Oberoi's notice for re-election of the six members of standing committee of Municipal Corporation of Delhi (MCD).

Justice Gaurang Kanth observed that prima facie the returning officer or Mayor is conducting re-elections without declaring the results of elections conducted on February 24 which is 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 said.

The court said no purpose will be served by conducting a fresh election on February 27.

“In view thereof, the notice dated February 24, 2023, for re-election shall remain stayed till the next date of hearing,” the court said.

The court issued notice on two petitions moved by BJP leaders Kamaljeet Sehrawat and Shikha Roy challenging the notice issued by Mayor on February 24.

It was submitted by counsel appearing for the petitioners that the Mayor conducted the elections for six members of the standing committee on February 24. However, without declaring results, a notice was issued on the same day for re-elections.

Reliance was made on Regulation 51 which details the procedure prescribed for conducting elections of standing-committee members.

On the other hand, the respondents submitted that the election has yet not culminated. It was contended that the Mayor’s notice stated that the process had been initiated again due to the “unruly behaviour of members” and that the Mayor did not get adequate cooperation from the member secretary and technical expert.

It was argued that that Mayor had no other alternative but to declare the elections held on February 24 as null and void.

Staying the impugned notice, the court granted two weeks for the respondents to file a counter affidavit.

Senior Advocate Mahesh Jethmalani represented the petitioners.

Senior Advocate Dayan Krishnan and Senior Advocate Rahul Mehra appeared for the respondents.  

Title: KAMALJEET SEHRAWAT v. OFFICE OF LIEUTENANT GOVERNOR OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 182

#DelhiHighCourt stays notice directing re-elections of six members of standing committee of Municipal Corporation of Delhi.
In a special Saturday hearing, Justice Gaurang Kanth said that prima facie, the notice is in violation of the relevant Regulations.#MCDMayorElection pic.twitter.com/T6wfkvFlE6

— Live Law (@LiveLawIndia) February 25, 2023