The Supreme Court on Wednesday, February 8, sought responses from Delhi Lieutenant Governor VK Saxena, pro tem presiding officer Satya Sharma of the Municipal Corporation of Delhi (MCD) and others after a plea filed by Aam Aadmi Party's mayoral candidate Shelly Oberoi sought early conduct of the mayoral election. It has now been two months since Delhi's municipal body elections were held, but the MCD is yet to elect the Delhi Mayor.


The MCD results were declared on December 7, 2022, with the Aam Aadmi Party (AAP) bagging a simple majority in the 250-member body. While the AAP won 134 wards, ruling Bharatiya Janata Party (BJP) had to be content with 104 and the Congress secured 31 wards. The mayoral polls should have followed soon, but the dates for the election have been announced thrice now, and the process ended without a result every time.


With results declared in December, Delhi's municipal functioning is being carried out without an appointed head. The failure to elect a mayor and a standing committee has placed several key tasks of the MCD in peril. The corporation is just a week away from its deadline (February 15) to pass the annual budget. If a mayor and a standing committee are not elected by then, the corporation's special officer will be required to pass the budget without a debate or discussion.


As the delay continues, let us examine how the MCD elects the mayor. 


How Is MCD Mayor Elected? 


The leading party in the MCD elections nominates a candidate for the mayoral position. If another party also submits a nominee, a voting process takes place. Elected councillors take part in the election.


In addition to them, 14 Delhi Legislative Assembly members and 10 Members of Parliament from Delhi's Lok Sabha and Rajya Sabha are eligible to participate in the voting.


The status of nominated members participating in the election is unclear this year as the Delhi High Court previously granted them the right to vote.


Voting is done via a confidential ballot, and the correct candidate must be marked. Councillors are exempt from the anti-defection law during Delhi's Mayoral election.


A presiding officer is in charge of determining the procedure, with BJP's Satya Sharma being assigned the role this time around. In case of a tie, the presiding officer arranges a draw of lots. The candidate who receives the tie-breaking vote is declared the mayor.


Since AAP and BJP both have appointed mayoral candidates, it all comes down to voting through a secret ballot, as laid down by the procedure.


Delhi Municipal Polls Complete Timeline


It's not only the election of the Delhi municipal body mayor that has been delayed but the overall procedure has also been overstretched this time. Here is a timeline: 


March 9, 2022: The Delhi State Election Commission announced that a press conference would take place later in the day at 5 pm to declare the schedule for the municipal polls to be conducted in April. But after a communication from the LG's office, the press conference was postponed indefinitely, and the elections were deferred. 


March 22, 2022: Centre approved the Delhi Municipal Corporation Amendment Bill to merge the three erstwhile municipal corporations — NDMC, SDMC and EDMC — into one.


March 25, 2022: The Delhi Municipal Corporation (Amendment) Bill 2022 was introduced in the Lok Sabha.


March 30, 2022: The Bill was passed in the Lok Sabha.


April 5, 2022: Delhi Municipal Corporation (Amendment) Bill 2022 passed in the Rajya Sabha.  


May 18, 2022: Tenure of NDMC, SDMC and EDMC ended.


May 22, 2022: Unified Municipal Corporation of Delhi formally came into existence.


July 8, 2022: A three-member delimitation committee was constituted. It was required to complete the exercise and submit its report within four months from the date of its constitution.


September 12, 2022: SEC published the draft delimitation report.


October 18, 2022: The delimitation panel submitted the final report to the Centre on redrawing MCD wards.


November 4, 2022: The Delhi State Election Commission announced the election schedule.


November 7, 2022: Notification date. 


November 14, 2022: Last date for filing nomination. 


November 16, 2022: Date for scrutiny of nominations. 


November 19, 2022: Last date for withdrawal of candidatures. 


December 4, 2022: Polling date. 


December 7, 2022: Verdict out. AAP secured a simple majority. 


January 6, 2023: MCD’s first House meeting was held and ended without the election of the mayor, deputy mayor and standing committee members due to an uproar. Four aldermen and only one elected councillor, Satya Sharma, who was nominated as presiding officer by the LG, could take oath.


January 24, 2023: House adjourned by the presiding officer without electing a mayor following a ruckus and acrimonious exchanges between BJP and AAP.


February 6, 2023: The municipal corporation meeting was called off until further notice amid huge protests by the BJP and the AAP after 10 councillors nominated by Lieutenant Governor VK Saxena were allowed to vote.


February 8, 2023: The Supreme Court issued notice on the AAP leader's plea against allowing nominated members to vote.