SC Questions Delhi LG's 'Haste' In MCD Standing Committee Election: 'Democracy Will Be In Danger If You...'

The Supreme Court has questioned Lieutenant Governor V K Saxena's decision to hold elections for the Municipal Corporation of Delhi's Standing Committee chairman.

The Supreme Court, on Friday, scrutinised the Lieutenant Governor of Delhi’s urgency in executing executive powers to conduct elections for the sixth member of the Municipal Corporation of Delhi's (MCD) Standing Committee. The bench, comprising Justices P S Narasimha and R Mahadevan, questioned the necessity of rushing the elections. "We will view it seriously if you hold an election for the MCD Standing Committee chairman," the bench warned senior advocate Sanjay Jain, representing the Lieutenant Governor's office, as per news agency PTI. 

The court has requested that no election be conducted for the Standing Committee chairman until it resolves Delhi Mayor Shelly Oberoi's plea, which challenges the election proceedings held on September 27. The court underscored its concerns, noting, "Democracy will be in danger if you start using executive powers under Section 487 of the DMC Act."

Additionally, it questioned the LG’s use of this authority to interrupt the electoral process and has given two weeks for the LG’s office to respond, with the matter set for further hearing after the Dussehra break, PTI reported.

The issue stems from Lieutenant Governor V K Saxena’s decision to authorise the MCD Commissioner to hold the election. AAP, however, condemned the LG's actions as unconstitutional, claiming that empowering an IAS officer to preside over the election—rather than the elected Mayor—violated legal protocols.

The election has been fraught with political tension, as the BJP and AAP locked horns over the contest for the MCD's 18th Standing Committee seat last week. The BJP ultimately secured the seat after AAP boycotted and Congress abstained from voting. This victory allows the BJP to control the Standing Committee, often viewed as the actual seat of power in the Delhi MCD, with the party now holding 10 out of 18 seats, sufficient to appoint the Chair.

While AAP holds a majority in the House with 125 councillors, concerns have emerged that some members may defect to the BJP. The AAP has fiercely opposed the Lieutenant Governor’s accelerated timeline for the vote, citing apprehensions about potential defections. On the eve of the election, which proceeded with only BJP councillors present, the AAP rebuffed a sudden 10 pm summons to vote. They argued there was insufficient time to gather their councillors and maintained that only the Mayor had the authority to convene such a meeting.

AAP Slams LG's Actions Over MCD Standing Committee Election

Announcing AAP's decision to stay away from polls, AAP's Manish Sisodia said, "The mayor made efforts to conduct the long-overdue standing committee election throughout the day without success. She then used her powers to schedule a new date for the elections. However, the LG ordered the commissioner to ensure the elections took place by 10 PM, even if the mayor or deputy mayor were not present."

"They even want to conduct the election in the presence of the additional commissioner. How is this possible? The MCD is an elected body, and the presidency of an elected body should be held by an elected representative, such as the mayor or deputy mayor," he added. 

Delhi Chief Minister Atishi's remarks in September, labelled the election process as “illegal, unconstitutional, and undemocratic."

Chief Minister Atishi accused the BJP of bypassing the rules outlined in the Delhi Municipal Corporation Act of 1957 and the Delhi Municipal Corporation Procedure and Conduct of Business Regulations of 1958. "Regulation 51... states that the election for the Standing Committee must take place in a corporation meeting presided over by the Mayor," she explained, highlighting that only the Mayor is authorised to set the date, time, and venue for such meetings.

Further, she criticised the BJP's alleged interference in Delhi's MCD election, accusing them of replicating tactics employed in Karnataka, Maharashtra, and Manipur under 'Operation Lotus'—a strategy aimed at buying opposition leaders and forming backdoor governments. Atishi called for the dissolution of the MCD, urging that a fair election be held where "the people give their verdict." She firmly stated, "This country is not governed by BJP's rowdiness but by law and order. If BJP has courage, they should face AAP in a fair election."