MCD Mayor Election: 'Nominated Members Have no Right to Vote,' Says Supreme Court

MCD Mayor Election Row: The AAP has alleged a "planned conspiracy" by the BJP to stall the process and said the mayoral poll could not be held as the BJP was "strangulating democracy and the Constitution of India".

New Delhi: The Supreme Court on Monday adjourned till Friday the hearing on AAP and Shelly Oberoi's plea challenging the Delhi Lieutenant-Governor's decision to permit the nominated members to vote in the elections for mayor and deputy mayor in MCD. In its ruling, the Supreme Court also stated that the "Law is very clear that nominated members have no right to vote."

Supreme Court adjourns for Friday the hearing on AAP and Shelly Oberoi's plea challenging the Delhi Lieutenant-Governor's decision to permit the nominated members to vote in the elections for mayor and deputy mayor in MCD.

— ANI (@ANI) February 13, 2023

Delhi Lt Governor VK Saxena has given his approval to convene the next session of the MCD House on February 16 for election to the post of mayor. This will be the fourth meeting of the Municipal Corporation of Delhi (MCD) House since December's civic polls to elect the mayor. The last three meetings were adjourned amid ruckus and commotion over the decision to give voting rights to the aldermen.

The government had sent the proposal to hold the House session on February 16 and Saxena accepted it, the Lt Governor's Office said. Besides the mayor, the House will also elect the deputy mayor and members of the standing committee.

According to a note issued by Saxena, "As recommended by... (the) chief minister (of Delhi), I approve (the) proposal to convene the adjourned first meeting of Municipal Corporation of Delhi on Thursday, 16th February at Dr SP Mukherjee Civic Centre for the election of mayor, deputy mayor and six members of the standing committee." Praveen Shankar Kapoor, the BJP's Delhi unit spokesperson, welcomed Saxena's decision and said the AAP should abide by the presiding officer's directions.

"The BJP will extend all cooperation to the presiding officer in holding the three elections simultaneously through the secret ballot with voting rights for aldermen, as announced by the presiding officer in the last meeting.

After the MCD polls in December, the House first convened on January 6 but was adjourned following acrimonious exchanges between BJP and AAP members. The second meeting on January 24 was briefly adjourned after the oath-taking ceremony before being adjourned till the next date by the pro-tem presiding officer.

On Monday, the House was adjourned for the third time without electing a mayor following a ruckus over the decision to allow aldermen to vote in the mayoral poll. The AAP alleged a "planned conspiracy" by the BJP to stall the process and said the mayoral poll could not be held as the BJP was "strangulating democracy and the Constitution of India". The saffron party, on the other hand, accused the Arvind Kejriwal-led outfit of making excuses to stall the process and blamed it for the stalemate.

With 134 seats, the AAP emerged as the clear winner in the December polls, ending the BJP's 15-year rule in the civic body. The BJP won 104 wards while the Congress won nine in the 250-member House. The civic body in Delhi was trifurcated into north, east and south corporations in 2012 before being re-unfied into a sole MCD last May.