The Supreme Court on Monday adjourned the hearing on AAP and Shelly Oberoi's petition challenging the Delhi Lieutenant-Governor's decision to allow nominated members to vote in MCD mayor and deputy mayor elections till Friday, news agency ANI reported.
While hearing a plea filed by AAP leader Shelly Oberoi over the election of Mayor of the Municipal Corporation of Delhi, the Supreme Court orally stated that the nominated members cannot cast ballots in the elections for the Mayor of Municipal Corporation (MCD).
"Nominated members cannot go for election. The Constitutional provision is very clear", Chief Justice of India DY Chandrachud was quoted by LiveLaw in its report.
After the adjournment, the Delhi Lieutenant Governor's Office informed the Supreme Court on Monday that the February 16 mayoral election will be moved to a day after February 17, PTI reported.
The petitioner's senior attorney, Dr. Abhishek Manu Singhvi, argued that Article 243R of the Constitution makes this point quite obvious.
"Members who have been nominated cannot vote. That is completely settled. It is very clear Jain "CJI Chandrachud spoke to the Delhi Lieutenant General's attorney, Additional Solicitor General Sanjay Jain. However, according to ASG Sanjay Jain, there are some disagreements about this.
It is debatable, according to senior attorney Maninder Singh. The bench decided to take up the subject on February 17 because today's hearing was postponed due to time constraints. The ASG concurred to move the February 16 elections to a date after February 17.
Before Dr. Singhvi arrived, attorney Shadan Farasat made remarks on the petitioner's behalf. He stated that the petitioner is asking for two things: nominated members should not be permitted to vote, and standing committee, mayor, and deputy mayor elections should be held separately.
"This is clear from the black letter of law", Farasat submitted before the bench comprising CJI, Justices PS Narasimha and JB Pardiwala, LiveLaw reported.
(With Inputs From Agencies)