Top court questions L-G’s ‘tearing hurry’ in holding MCD panel poll

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

‘Where do you get the power from?’

Where do you (L-G) get the power (from) to interdict all this under Section 487? (Section) 487 is an executive power, it’s not meant to interfere with legislative functions. It’s the election of a member. What happens to democracy if you keep interfering like this? — Justice PS Narasimha

“What is the tearing hurry (in holding the election)? Where do you (L-G) get the power (from) to interdict all this under Section 487? (Section) 487 is an executive power, it’s not meant 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 the Mayor 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.

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

The Bench, which also included Justice R Mahadevan, asked the L-G office not to hold elections for the MCD Standing Committee Chairman 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 office to respond to Oberoi’s petition in two weeks, it posted the matter for further hearing after the Dasehra break.

Oberoi had moved the Supreme Court last month to challenge the September 27 election for the last vacant seat of the 18 member MCD Standing Committee which 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.

The Supreme Court had in August ruled that the law “expressly” enabled the Lieutenant-Governor 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 in the MCD without the aid and advice of the council of ministers led by the Chief Minister.