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Supreme Court raises eyebrows over LG's 'interference' with MCD Standing Committee election
The Supreme Court on Friday questioned Lt Governor V.K. Saxena's "interference" with the election of a member of the Standing Committee of the Municipal Corporation of Delhi (MCD).
New Delhi: The Supreme Court on Friday questioned Lt Governor V.K. Saxena's "interference" with the election of a member of the Standing Committee of the Municipal Corporation of Delhi (MCD).
A bench of Justices P.S. Narasimha and R. Mahadevan was hearing a plea filed by Delhi Mayor Shelly Oberoi questioning the validity of the election, where the Additional Commissioner took over as the Presiding Officer instead of the elected Mayor.
In her petition, she contended that the election process violated several regulations outlined under the Delhi Municipal Corporation Act of 1957 and the Delhi Municipal Corporation Procedure and Conduct of Business Regulations of 1958.
A vacancy arose in the Standing Committee after Kamaljeet Sahrawat, one of the members, resigned after being elected as a Member of Parliament in Lok Sabha polls.
The scheduled election for the sixth member of the Standing Committee was adjourned twice by the Mayor, citing issues with carrying and usage of mobile phones in the voting area.
However, the Lt Governor ordered the MCD Commissioner to ensure that the election takes place without further delay. On the directions of the Lt Governor, the MCD Commissioner decided to hold the polls on September 27, where the Additional Commissioner took over as the Presiding Officer instead of the elected Mayor.
Mayor Oberoi took objection to the Lt Governor’s decision to empower an IAS officer to convene the meeting and petitioned the Supreme Court to declare the election unlawful and unconstitutional.
Issuing notice on Oberoi’s plea, the apex court questioned the "tearing hurry" on the part of the Lt Governor to hold the election to the vacant post of the Standing Committee.
“What will happen to democracy if you (Lt Governor) keep interfering like this?” it said, questioning the exercise of extraordinary powers by the Lt Governor.
The matter will be heard after two weeks and in the meantime, the apex court orally asked that elections for the post of Chairperson should not take place.
On Tuesday, the Supreme Court allowed the withdrawal of a plea filed by BJP councillor Raja Iqbal Singh seeking contempt proceedings against Mayor Oberoi for "arbitrarily postponing" the election of a member of the Standing Committee.
After a bench of Justices Surya Kant and Ujjal Bhuyan observed that no clear case of contempt of the apex court’s orders was made out, the BJP councillor sought permission to withdraw the petition with the liberty to approach the appropriate forum.
