MCD Mayor Polls : Supreme Court Issues Notice On AAP Leader's Plea Against Allowing Nominated Members To Vote

The Supreme Court of India on Wednesday issued notice to the offices of the Delhi Lieutenant Governor and the Pro tem presiding officer of the Municipal Corporation of Delhi (MCD) in a petition filed by Aam Aadmi Party's (AAP) mayoral candidate Dr Shelly Oberoi and AAP for urgent completion of mayoral elections of MCD. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

This is the second time a petition has been filed by Dr Shelly Oberoi concerning the mayoral polls. Earlier, she had approached the Supreme Court demanding timely conduct of the mayoral elections and later withdrawn the petition on the ground that the elections were going to take place on 6th February 2023. On 6th February, 2023, a ruckus erupted over the nominated members being allowed to vote in the election to the post. The AAP doesn't want the aldermen to vote, however, the BJP wants it otherwise. The MCD Presiding Officer Satya Sharma had also said that the elections for mayor, deputy mayor and Standing Committee members will be held simultaneously.

Senior Advocate Dr AM Singhvi, appearing for the petitioner, made the following submissions today–

1. Though elections were to be conducted on 4 December 2022, the situation at present is that no election has been conducted for Mayor, Deputy Mayor and the members of the standing committee;

2. Article 243R of the Indian Constitution states that nominated members cannot be allowed to vote. Thus, the decision of nominated members being allowed to vote in the election to the posts is unconstitutional. 

3. Section 76 of DMC Act states that the mayor and deputy mayor have to preside on all meetings. Thus, the simultaneous holding of elections for three posts (mayor, deputy mayor and Standing Committee members) is contrary to the DMC Act.

CJI DY Chandrachud, dictating the order, said–

"Issue notice returnable on Monday (13th February 2023)."

Case Title: Shelly Oberoi And Anr. v. Office of Lieutenant Governor of Delhi And Ors. WP(C) No. 152/2023 PIL 

Click Here To Read Order