“Democracy In Danger If You…”: Supreme Court To Lt Governor On MCD Panel Polls

New Delhi:

The Supreme Court has questioned Delhi Lieutenant Governor VK Saxena’s “glaring hurry” in holding last week’s election to the 18th and final seat of the city municipal corporation’s Standing Committee, and stayed voting to pick a Chairman in the now BJP-controlled House.

A bench of Justice PS Narasimha and Justice R Mahadevan also questioned the legal premise behind the Lieutenant Governor ordering an election in apparent violation of the norm.

“Nomination issue is also there… Mayor (Shelly Oberoi of the ruling Aam Aadmi Party) is there to preside. Where do you (the LG) get the power?” the court asked.

“What happens to democracy if interfere like this? Is there politics in this too?” the judges demanded of the Lieutenant Governor, asking a significant question given the raft of complaints the Supreme Court and various High Courts are hearing against Governors of other states.

Having asked the questions, the court then sought a response from Mr Saxena on a petition filed by Ms Oberoi challenging the election of the BJP’s Sundar Singh Tanwar to the committee.

And, responding to a plea by senior advocate Abhishek Singhvi, appearing for the AAP, the court also said, “We are telling you… don’t hold election now. Issue notice. List after two weeks.”

Mr Singhvi had said, “Standing committee has members. They can announce election any time!”

There was high drama all through last week as the BJP and the AAP went head-to-head over the election for the 18th seat. The BJP won after the AAP boycotted and the Congress abstained.

READ | BJP Wins Delhi Civic Body Panel Poll After AAP, Congress Abstain

This meant the BJP now controls the Standing Committee, which is seen as the real power behind Delhi Municipal Corporation, and, with 10 of its 18 members. can select the Chair.

The AAP does have the numbers in the House – with 125 councillors – but amid concern that some may have been poached by its rival and could flip at the time of voting, leaving an unpleasant surprise to deal with, the party protested the Lieutenant Governor’s rush to vote.

The night before the election was held – with only BJP members present – the AAP rejected a 10 pm call to vote, arguing a) that there was not enough time to summon its councillors and, b) that only the Mayor had the right to summon a municipal body meeting.

“We live in a democracy. It is the law that whenever the House is called, 72 hours will be given… every councillor needs time. There seems to be a conspiracy to do something wrong, that is why they (the BJP) are doing all this…” AAP boss and former Chief Minister Arvind Kejriwal said on X.

READ | Delhi Lt Governor Nixes Deferring Of Standing Committee Seat Election

Earlier Ms Oberoi had written to the MCD Commissioner, Ashwini Kumar, denouncing the Lieutenant Governor’s election call as “illegal”, but that was overruled by Mr Saxena.

The row over this election is the latest in a long line of bitter squabbles between the AAP and Mr Saxena, the centre’s rep in the national capital, with the ruling party accusing him of acting as a proxy to disrupt governance and discredit it ahead of an Assembly election in February 2025.

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