In a huge relief for the Aam Aadmi Party (AAP), the Supreme Court has said that nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the mayoral election. The order was passed by a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala on Thursday.
While deciding a petition filed by AAP leader Shelly Oberoi, the apex court also maintained that nominated members cannot vote either in the elections for deputy mayor and standing committees, reported Live Law.
The bench relied on Article 243R of the Constitution and Section 3(3) of the Delhi Municipal Corporation Act, 1957, to hold those persons nominated by the administrator do not have the right to vote. "The prohibition on nominated members exercising the right to vote in terms of S 3(3)(b)(1) shall apply to the first meeting where the mayor and the deputy mayor are to be elected," the order read.
The Supreme Court also rejected the arguments of the Lieutenant-General of Delhi that nominated members are entitled to vote.
It also ruled that at the first meeting of the MCD, an election shall be initially held for the post of Mayor. Once the Mayor is elected, she should act as the Presiding Authority for conducting the election of the Deputy Mayor and members of the standing committee.
The court also ordered that the notice convening the first meeting of the Municipal Corporation shall be issued within 24 hours and this should indicate the first meeting of the Municipal Corporation at which the election of the Mayor should be held.
The petitioner had moved the apex court on February 7, a day after the MCD House failed to elect a mayor for the third time following a ruckus as the AAP objected to the presiding officer saying that the aldermen nominated by the LG will vote in the election.
The post of Delhi Mayor has been lying vacant for eight months. Though three successive meetings of the House were held, they had to be adjourned following a ruckus between BJP and AAP.
After the civic polls in December, the House was first convened on January 6 but was adjourned following acrimonious exchanges between members of the BJP and AAP.
The second municipal House held on January 24 was briefly adjourned after the oath-taking ceremony, and was later adjourned till the next date by the pro tem presiding officer.