MCD Moves High Court Against Delhi Assembly's "Committee Of Corporations"; Says Only Centre Has Power Of Superintendence Over Its Affairs

The Delhi High Court on Tuesday issued notice on a plea filed by Municipal Corporation of Delhi (MCD) challenging constitution of 'Committee of Corporations' by Delhi Legislative Assembly.

The MCD has said that only Centre has the powers of superintendence over its affairs and thus, the Delhi Government cannot interfere in corporation's administrative and other functions.

In April last year, the Central Government on Wednesday notified the GNCTD (Amendment) Act 2021, which enhances the powers of Lieutenant Governor of Delhi over the elected government of Delhi. The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi".

A single judge bench comprising of Justice Yashwant Varma granted three weeks' time to the Delhi Government for filing response in the matter, while granting one weeks' time to the corporation for filing rejoinder to the plea.

The impugned Committee of Corporations was constituted in terms of Legislative Assembly of National Capital Territory of Delhi, Rules of Procedure and Conduct of Business, 2013.

MCD has referred to sec. 33 of the GNCTD Act, which specifically prohibits the assembly to make Rules to enable itself or its Committees to enquire into the day to day functioning of the Corporation and that any Committee formed earlier on the subject shall stand declared void.

Hence, MCD has argued that when the Committee on Corporations is void and has no powers or authority, no information can be sought nor the officers of the Corporation can be called in meetings of the said Committee.

"The respondent's "Committee of Municipal Corporation" has no legal right, no authority and no powers to cause unwarranted interference in the administrative affairs and day to day functioning of the corporation. Admittedly there cannot be two committees monitoring the affairs of corporation one of the House of GNCTD and another of House of the Corporation," the plea adds.

The plea also submits that the Delhi Government has failed to disclose the source of power under the provision of the Constitution of India, DMC Act and GNCTD Act authorising its Speaker to constitute the impugned Committee as well as conduct enquiry over the working of MCD.

"The legislative power to appoint a house committee to undertake a roving and fishing enquiry about the affairs of an independent democratically elected local self governance body is not envisaged under the DMC Act. Thus the impugned action of the Respondent is unsustainable," it adds.

The plea thus raises a question as to whether the Delhi Government or its assembly, after the amendment to Section 33 of the GNCTD Act in 2021, form Rules of House and nominate house Committee without LG's approval as mandated in the Act?

The matter will now be heard on October 11.

Case Title: Municipal Corporation of Delhi v. GNCTD