New DelhiIn a boost to the Aam Aadmi Party (AAP), the Supreme Court on Friday said 10 nominated members of the Municipal Corporation of Delhi, also known as aldermen, cannot vote in the election of the capital’s mayor or deputy mayor.
Aam Aadmi Party has done alleged that if these elders were allowed to vote, they would reduce the numbers in favor of the BJP, as they were nominated By the Lieutenant Governor appointed by the Centre.
A three-judge bench headed by Chief Justice DY Chandrachud also ordered that once the mayor is elected, he should preside over the elections of the deputy mayor and members of the standing committee.
At present the pro tem presiding officer Satya Sharma is a BJP corporator.
The AAP won 134 of the 250 wards in the municipal elections in December 2022, ending the BJP’s 15-year rule. The central party got 104 wards.
The court also noted in its order that more than two months have passed since the MCD elections and a mayor as well as a deputy mayor have not been elected.
Friday’s decision came on a plea by AAP leader Shelley Oberoi, who objected to simultaneous elections for the posts of mayor, deputy mayor and standing committee, besides opposing voting by nominated members.
Oberoi went to court after failing to hold municipal elections thrice due to the aldermen issue.
The bench cited Article 243R of the Constitution and Section 3(3) of the Municipal Corporation of Delhi Act, 1957 to hold that the persons nominated by the Administrator do not have the right to vote. In doing so, it rejected the arguments of the LG, Delhi and the MCD that the nominated members had the right to exercise their vote to elect both the mayor and the deputy mayor.
Article 243R provides for the composition of municipalities. Under it, section 1 says that all seats in a municipality shall be filled by persons chosen by direct election from territorial constituencies in the municipal area and for this purpose every municipal area shall be divided into territorial constituencies to be known as wards. Will go
The bench ordered, “The restriction on exercising the right of voting on the nominated members in terms of section 3(3)(b)(1) shall come into force at the first meeting where the election of the Mayor and the Deputy Mayor is to be held.”
It directed that the notice convening the first meeting of the Municipal Corporation shall be issued within 24 hours. The notice shall indicate the first meeting of the Municipal Corporation in which the election of the Mayor is to be held.
It further states that on the election of the Mayor, he shall act as the presiding authority for conducting the election of the Deputy Mayor and the members of the Standing Committee. The court said that the ban on voting of nominated members will continue to be applicable during this election as well.