Supreme Court raps Delhi LG over MCD standing committee election

The Supreme Court on Friday questioned Delhi LG VK Saxena’s exercise of power over the election of the sixth member of the Municipal Corporation of Delhi (MCD) standing committee. The top court issued a notice on Delhi Mayor Shelly Oberoi’s petition challenging the election process, which kept her out of it.
The Supreme Court further asked the LG how he could exercise such power. It also held that the LG’s move interfered with the democratic process as Section 487 is an executive power. “It is not to interfere with legislative functions. It’s the election of a member. What happens to democracy if you keep interfering like this?” the Supreme Court asked VK Saxena, reported Live Law.
A bench of Justices PS Narasimha and R Mahadevan heard the matter and has scheduled the next hearing after two weeks. Advocate Sanjay Jain represented the Delhi governor.
Delhi Mayor Shelly Oberoi approached the Supreme Court challenging the election of the sixth member of the MCD standing committee, which was held on September 27.
The Bharatiya Janata Party (BJP) won the election, while the Aam Aadmi Party (AAP) boycotted the election alleging that the process was contrary to the Delhi Municipal Corporation Act.
A major contention highlighted in the mayor’s petition is the decision to appoint an Indian Administrative Service (IAS) officer rather than the mayor as the presiding officer of the election.
The SC bench asked Sanjay Jain what was the “tearing hurry” to hold the MCD elections in the absence of Shelly Oberoi. The apex court further questioned the LG’s decision to exercise Section 487 of the Delhi Municipal Corporation Act, stating that is not to be used for “interfering with legislative functions.”
“What is the tearing hurry (in holding the elections)? What is the hurry?… What is the tearing hurry…and then, there are other issues also with respect to the nomination part of it..much worse…the Mayor is to preside the meeting…Where do you get the power to interdict all this under Section 487? 487 is an executive power it is not to interfere with legislative functions,” said Justice Narasimha, reported LiveLaw.
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