MCD Mayor Polls : Nominated Members Cannot Vote, Says Supreme Court While Hearing AAP Leader's Plea

The nominated members cannot vote in the elections for the Mayor of Municipal Corporation, orally observed the Supreme Court while hearing a petition filed by AAP leader Shelly Oberoi in relation to the election of Mayor of the Municipal Corporation of Delhi (MCD).

"Nominated members cannot go for election. The Constitutional provision is very clear", Chief Justice of India DY Chandrachud said.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for the petitioner, said that Article 243R of the Constitution makes it very clear. 

"Nominated members should not vote. That's very well settled. It is very clear Mr.Jain", CJI Chandrachud told Additional Solicitor General Sanjay Jain who was representing the Delhi Lieutenant General. ASG Sanjay Jain however said that there are some arguments on this. Senior Advocate Maninder Singh also said that it was an arguable issue.

Due to paucity of time, the bench could not hear the matter today and agreed to take it up on February 17. ASG agreed to postpone the elections scheduled on February 16 to a date after February 17.

Advocate Shadan Farasat, who made submissions on behalf of the petitioner before Dr.Singhvi reached, said that the petitioner is seeking two directions -nominated members shall not be allowed to vote and elections of mayors, deputy mayor, standing committee should be separate. "This is clear from the black letter of law", Farasat submitted before the bench comprising CJI, Justices PS Narasimha and JB Pardiwala.

The petitioner also relied on Section 76 of DMC Act to argue that the mayor and deputy mayor have to preside on all meetings. Therefore, the simultaneous holding of elections for three posts (mayor, deputy mayor and Standing Committee members) is contrary to the DMC Act, argued the petitioner.

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