Days after the Centre decided to re-unify all MCDs and deferred the announcement of civic body polls, the Aam Aadmi Party (AAP) has moved the Supreme Court seeking direction to the State Election Commissioner (SEC) to expeditiously conduct the municipal elections in Delhi in a free and fair manner.
The party alleged that the “brazen influence” of the Central Government over the SEC and its “flagrant meddling” with the conduct of municipal elections forms the subject matter of its plea.
The petition said it is raising an important question of constitutional significance in its writ petition whether the SEC can be influenced by an unofficial communication sent by the Central Government to defer municipal polls, which the SEC was otherwise absolutely prepared to schedule and conduct. “Petitioners are exercising their right under Article 32 of the Constitution of India to correct this unconstitutional anomaly and protect the free, fair, and expeditious elections of the Municipal Corporations of Delhi”, the plea filed through advocate Shadan Farasat said.
The ruling party in Delhi said, “They seek the issuance of a writ of mandamus directing the Respondent (SEC) to conduct the municipal elections in Delhi according to the initially conceived schedule of the SEC, National Capital Territory of Delhi, before the expiry of the tenure of the municipal corporations of Delhi, in May 2022.”
The petition said that cognisant of the attempt of State functionaries to hamper timely conduct of elections to local bodies, Article 243U was introduced in the Constitution of India, mandating the five-year tenure of civic bodies. “Section 4 of the Delhi Municipal Corporation Act, 1957 codifies this five-year period of operation of the three MCDs, which have been tasked with performing several administrative functions in Delhi.
This duration is coming to an end in May 2022. Thus, elections for Councillors are due in these corporations”, the plea said.
It added that the SEC of the National Capital Territory of Delhi, set up under Article 243ZA of the Constitution of India is responsible for the free, fair, and impartial conduct of these elections under Section 7 of the 1957 Act.
It said that accordingly, the SEC has been preparing for the Delhi Municipal Elections, which it has declared in multiple notices, notifications and orders would be conducted in April 2022.
The plea said, "By being the sole reason behind delay of municipal elections the Government of India is very evidently making attempts to buckle the independence of the SEC and stultify free and fair municipal elections in Delhi.”.