Day After MCD Pandemonium, Delhi High Court Puts Standing Committee Election On Hold
The court stated that holding a new standing committee election on February 27 will serve no purpose.
The Delhi High Court delayed the newly-elected Mayor Shelly Oberoi's request for the re-election of the six members of the Municipal Corporation of Delhi (MCD) standing committee at a special hearing on Saturday, LiveLaw reported.
The order comes a day after a huge ruckus erupted in the municipal House in Delhi during counting of votes to elect six members of the MCD's standing committee, with AAP and BJP councillors throwing punches and manhandling each other. Sources said that Mayor Shelly Oberoi was pushed during the ruckus and women councillors were also beaten. Both parties levelled charges of manhandling against each other.
In accordance with Regulation 51 of the New Delhi Municipal Council (Procedure and Conduct of Business) Regulations, 1997, the returning officer or mayor appears to be holding new elections without announcing the results of the elections held on February 24. This is a violation, according to Justice Gaurang Kanth, LiveLaw reported.
“From a perusal of Regulation 51, it is nowhere reflected that the returning officer or mayor has the authority to declare an election of standing committee as null and void. It is not out of place to mention that admittedly, the counting of votes and further duty casted upon mayor as in declaring the result of elections held on February 24 shall culminate into final result,” the court was quoted by LiveLaw in its report.
The court stated that holding a new election on February 27 will serve no purpose.
“In view thereof, the notice dated February 24, 2023, for re-election shall remain stayed till the next date of hearing,” the court said.
The court issued a notice on two petitions filed by BJP leaders Kamaljeet Sehrawat and Shikha Roy, which challenged the Mayor's notice issued on February 24.
Counsel for the petitioners stated that on February 24 the Mayor held elections for six members of the standing committee. On the same day, a notice for re-elections was nonetheless published without the results being announced.
It was decided to rely on Regulation 51, which outlines the process that must be followed for electing standing committee members.
The responses, on the other hand, stated that the election has not yet reached its conclusion. It was argued that the Mayor did not receive sufficient cooperation from the member secretary and technical expert and that the Mayor's message implied that the procedure had been restarted owing to the "unruly behaviour of members."
'Delhi MCD Act States That Presiding Officer Has Right To Accept Or Reject Any Vote': Shelly Oberoi
"Delhi Municipal Corporation Act states that the presiding officer has the right to accept or reject any vote but before this process could happen, the experts appointed by Election Commission drafted result on a sheet," said Shelly Oberoi, Delhi Mayor, ANI reported.
Delhi Municipal Corporation Act states that the presiding officer has the right to accept or reject any vote but before this process could happen, the experts appointed by Election Commission drafted result on a sheet: Shelly Oberoi, Delhi Mayor pic.twitter.com/EKnng9V2Qj
— ANI (@ANI) February 25, 2023
"Later when I checked, I found a vote invalid. When I was declaring that vote invalid BJP councillors created ruckus," she further stated.
Blaming BJP for the uproar, AAP spokesperson Saurabh Bharadwaj said: "BJP attacked Delhi's Mayor and looted the ballot papers when the election result was being declared due to this, she couldn’t declare the result. We also want court must hear this. And give the right decision which we will accept."
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