New Delhi: Nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the Delhi mayoral polls, the Supreme Court observed orally on Monday, thereby giving a leg-up to the Aam Aadmi Party’s argument that these members would skew the ratio in favour of the BJP.
A top court bench, headed by chief Justice of India D.Y. Chandrachud, observed Monday: “Nominated members cannot go for election. The constitutional provision is very clear.”
The apex court will hear the matter again on 17 February, which means the fourth attempt to elect a mayor for the capital will have to wait.
Delhi’s ruling AAP won the civic body in December by dethroning the BJP after 15 years in power, bagging 134 wards to the BJP’s 104.
The poll process to elect a mayor, deputy mayor and several members of the standing committee have been in a limbo since then. Three attempts – on 6, 24 January and 6 February – were stalled in the House as AAP objected to the voting rights awarded to the nominated members or aldermen by Lieutenant Governor V.K. Saxena.
AAP chief Arvind Kejriwal has strongly opposed the voting rights as he believes the aldermen are inclined to support the BJP.
While the AAP will win the mayoral race, these 10 aldermen – nominated by Saxena, who reports to the central government — may stack numbers in favour of the BJP in the all-powerful, decision-making standing committee.
Following the third failed attempt on 6 February, AAP’s mayor candidate moved the Supreme Court, seeking a court-monitored election and one that was timely.
According to the Delhi Municipal Corporation (DMC) Act, 1957, the mayor and the deputy mayor are to be elected in the very first session of the House after the civic polls. It has now been over two months since the polls were held on 4 December.
AAP has alleged the BJP was “strangling democracy and the Constitution of India”, while the national party has accused AAP of peddling excuses to stall the polls.
Also read: Delhi govt approves MCD proposal for mayoral polls on Feb 16, waiting for L-G’s nod