LI Network
Published on: 29 January, 2024 at 14:28 IST
Municipal Corporation of Delhi (MCD) Mayor has submitted a plea to the Supreme Court, urging a directive to allow the Delhi Corporation to carry out the functions of its Standing Committee until the committee can be formally and legally established.
Recall that the Supreme Court had previously reserved its judgment on whether the Lieutenant Governor (LG) of Delhi could nominate aldermen (nominated members) to the MCD without the consent of the Delhi Government.
This judgment was pending in response to a petition by the Delhi Government seeking the annulment of notifications through which the LG appointed ten nominated members to the MCD without the aid and advice of the Council of Ministers, raising questions about the legality of these members.
As per the Delhi Municipal Corporation Act, 1957 (DMC Act), these ten disputed members are entitled to vote in the Standing Committee elections, causing a delay in its formation due to potential impacts on the electoral process.
With the Standing Committee functions at a standstill, Mayor Shelly Oberoi, affiliated with the Aam Aadmi Party (AAP), has approached the Supreme Court for relief.
The petition states, “In view of the Petitioner’s constitutional responsibilities to the citizens of Delhi, the present Petition has been preferred to seek a direction that the functions of the Standing Committee pending the adjudication of the legality of the process of appointment of its electors be exercised by the House of the MCD, i.e. the ‘Corporation’ composed of all the elected councilors as defined in Section 3(3)(a) of the DMC Act.“
Highlighting the adverse impact on various amenities, Oberoi argued that the situation has affected the procurement of textbooks and medical supplies for MCD schools, as well as the maintenance of public parks and toilets.
The petition also cited a recent resolution by the Corporation, allowing approvals for contracts exceeding Rs. 5 crores to be handled directly by competent authorities, bypassing the Standing Committee. This measure was implemented to address the situation and safeguard the interests of Delhi’s citizens.
Emphasizing the superior authority of the Corporation over the Standing Committee in both power and accountability, the petition seeks relief only until the Committee can be formally constituted.