Why 'tearing hurry' to hold MCD panel poll, SC asks Delhi L-G

Questioning the "tearing hurry" with which Delhi Lt Governor (L-G) VK Saxena exercised his executive powers to hold the election for the sixth member of the MCD Standing Committee, the Supreme Court on Friday said democracy would be in danger if he used his executive powers under the MCD Act for holding elections.

"What is the tearing hurry (in holding the election)?... Where do you (LG) get the power (from) to interdict all this under Section 487? (Section) 487 is an executive power, it’s not to interfere with legislative functions. It's the election of a member. What happens to democracy if you keep interfering like this?" a Bench led by Justice PS Narasimha told senior counsel Sanjay Jain, who represented the L-G.

Jain sought to defend the L-G’s decision, saying that Mayor Shelly Oberoi herself postponed the election to October 5, and thereby violated the top court's August 5 direction to fill the vacancy within a month. As Jain pointed out that the newly elected member had not been made a party to the petition, the Bench said all objections were open.

Oberoi had moved the court last month to challenge the September 27 election for the last vacant seat of the 18-member Standing Committee that was won by BJP candidate Sundar Singh unopposed as the councillors of the ruling AAP boycotted the election, alleging that the process was contrary to the Delhi Municipal Corporation Act.

During hearing on a petition filed by Oberoi against the September 27 poll, senior counsel AM Singhvi urged the court on her behalf to stay the election of the Standing Committee chairperson.

The Bench, which also included Justice R Mahadevan, asked the LG's office not to hold the election until it decided the matter. "We are just telling you, don't hold the elections…We will view it seriously, if you hold an election for the MCD Standing Committee chairman," the Bench told Jain.

Asking the L-G's office to respond to Oberoi’s petition in two weeks, it posted the matter for further hearing after the Dasehra break.

The court had, in August, ruled that the law "expressly” enabled the L-G to nominate aldermen to the MCD and he was not bound by the advice of the council of ministers on the matter. It had dismissed the Delhi Government's petition challenging the L-G's power to nominate 10 aldermen without the advice of the council of ministers led by the Chief Minister.