Mayor moves SC challenging election of sixth member of MCD’s standing committee

| | New Delhi
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Mayor moves SC challenging election of sixth member of MCD’s standing committee

Monday, 30 September 2024 | Staff Reporter | New Delhi

Another tussle between the Aam Aadmi Party (AAP) and Bharatiya Janata Party (BJP) is headed for the Supreme Court. Delhi mayor Shelly Oberoi on Sunday moved the top court, challenging the election of the sixth member of Municipal Corporation of Delhi’s (MCD) standing committee.

The move came after Delhi Chief Minister Atishi accused the BJP of "murdering" democracy and claimed that the election held on September 27 was "illegal and unconstitutional".

The mayor’s contention is that the election was unconstitutional and violated the Delhi Municipal Corporation (DMC) Act and related rules.

Expressing concerns about the procedure used in the election, Oberoi has stated that it lacked legitimacy and fairness. The decision to appoint an Indian Administrative Service (IAS) officer as presiding officer of the election, rather than the mayor, has been highlighted in the petition.

This is the latest issue between AAP and BJP that the Supreme Court is dealing with.

The BJP won the last vacant seat on the MCD's 18-member standing committee unopposed after AAP councillors abstained from voting. In a related move, the BJP has also sought an urgent hearing in the Supreme Court to initiate contempt proceedings against Delhi Mayor Shelly Oberoi concerning the election process.

At a press conference on Saturday, Atishi said the AAP would approach the Supreme Court against the election.

Atishi has slammed the BJP for allegedly ignoring democratic norms, claiming that the election was held under the direction of the lieutenant governor, with an additional commissioner serving as the presiding officer instead of the elected mayor. She stressed that the LG and municipal officers do not have the authority to convene meetings of the House.

Reacting to Atishi's allegations, Delhi BJP president Virendra Sachdeva had said the chief minister's remarks were "completely driven by political self-interest" and aimed at spreading "confusion".

"Atishi should know that under section 45 of the DMC Act, the formation of the standing committee is mandatory. Under section 487, the LG and the municipal commissioner have the authority to convene a meeting of the corporation under special circumstances and they can appoint a presiding officer for the meeting," Sachdeva had said.

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