New Delhi: Delhi Chief Minister Arvind Kejriwal on Friday said that the article 243R of the Constitution debars nominated members from voting in the MCD House and attempting to get them to do so is unconstitutional. His comment came a few hours after the MCD house was adjourned over administering of oath to the 10 aldermen 'nominated members' a move that the Aam Aadmi Party has alleged was an underhanded ploy to get them to vote for the election of mayor and deputy mayor in the house. Kejriwal also wrote a letter to the Lieutenant Governor (LG) V K Saxena mentioning several other incidents which according to him were attempts to bypass the MCD rules. The nomination of 10 aldermen to the MCD, dictating names of the Haj Committee by allegedly bypassing the Delhi government, and not nominating the senior-most person as the presiding officer, were some such instances he cited in the letter.
"Officers in the administration would have refused to follow bizarre directions by the LG. They have been protesting privately and in a muted voice. "They are scared of consequences if they do not follow the directions. Some also faced wrath in the past. Control over bureaucracy through 'services' is being misused," he wrote.
Earlier in the day, the house was adjourned without electing Mayor and Deputy Mayor as the BJP and the AAP councillors got into a heated argument over administering of oath to the alderman first and not the elected representatives. The AAP has alleged that the BJP made the alderman take oath first in order to get them voting rights for the election to Mayor and Deputy Mayor.
Article 243R of the Constitution clearly debars nominated members from voting in the House. Attempt to get them to vote in the House is unconstitutional. pic.twitter.com/AgxPOUdCYT
— Arvind Kejriwal (@ArvindKejriwal) January 6, 2023
Refuting the allegations, BJP spokesperson Praveen Shankar Kapoor said, "Nobody was trying to make aldermen vote in the House but that doesn't mean they can't be sworn in. After all, the aldermen can vote in Zone Committees. Arvind Kejriwal instigated his councillors to create ruckus in the house."
Senior AAP leader Atishi said that they will file a complaint against the BJP for allegedly attacking the AAP councillors. "Injured councillors are being taken to Lok Nayak Jai Prakash Narayan Hospital for treatment. This is unconstitutional and we demanded the secretary to get the house adjourned. In order to please the BJP, the Lieutenant Governor should not break rules," Atishi told PTI.
My letter to Hon’ble LG
— Arvind Kejriwal (@ArvindKejriwal) January 6, 2023
Pl allow the elected govt to fulfil dreams of 2 cr people. Lets respect the Constitution. Lets strengthen democracy. pic.twitter.com/UIHxmoPI6Q
AAP National Spokesperson Saurabh Bhardwaj also said that their party will get an FIR registered for the alleged attacks on their councillors.
"Even after so much effort, not even a single AAP councillor switched sides. That's why BJP was getting 10 nominated councillors to vote unfairly. They (BJP) are even capable of saying that tomorrow the PM and the Home Minister will also vote in the Mayor election," Bhardwaj said.
The maiden meeting of the newly elected MCD House was adjourned without electing the mayor and the deputy mayor amid loud protests by AAP councillors over first administering oath to the 10 aldermen
The next date will be announced later, BJP councillor Satya Sharma, the presiding officer overseeing the process, had earlier said.
AAP leader Dilip Pandey alleged that the BJP is "destroying" the constitution and democracy of the country by "taking control" of the corporation through "hooliganism."
"In Delhi MCD, BJP has tried every dirty trick and failed - from delimitation and delaying elections to using their friendly uncle's office to pump up numbers. Their last resort is hooliganism, which you can now see on your TV screens," Senior AAP leader Raghav Chadha alleged.
Both the BJP and the AAP have claimed that their councillors sustained injuries after clashes broke out between them inside the MCD house.
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