BJP councillor Raja Iqbal Singh on Tuesday withdrew his petition seeking contempt of court action against Delhi Mayor Shelly Oberoi from the Supreme Court. The plea was filed over the election to fill vacancy in the MCD's standing committee.
The top court today suggested that Singh should approach the Delhi High Court with his petition. A bench of Justices Surya Kant and Ujjal Bhuyan dismissed the plea as withdrawn.
The councel appearing for the BJP councillor withdrew the plea after bench suggested the same.
The BJP leader alleged that there was a wilful and deliberate disobedience by the mayor of Municipal Corporation of Delhi (MCD) of the Supreme Court order dated August 5. In that order, the apex court held that the law expressly enables the Delhi LG to nominate aldermen to the MCD and he was not bound by the advice of the council of ministers in the matter.
The top court had rejected the Delhi government's petition challenging the L-G's power to nominate 10 aldermen in the MCD without the aid and advice of the council of ministers.
The contempt plea was filed in the matter pertaining to the election to the vacant seat in the Standing Committee of the MCD after Kamaljeet Sehrawat, Municipal Councillor from Dwarka was elected as a Lok Sabha MP.
The contempt petition stated that according to the Delhi Municipal Corporation Act, 1957, such vacancies have to be filled within a month.
The BJP councillor has accused the Delhi Mayor of arbitrarily postponing the election to October 5, leading to concerns that the democratic process was being deliberately obstructed. Folowing which Lieutenant-Governor V K Saxena directed that the election be held by the end of the day on September 26. But the Mayor Shelly Oberoi arbitrarily deferred this too, which is in violation of the Supreme Court's August 5 order, the plea said.
The BJP won the last vacant seat of the MCD's 18-member standing committee unopposed as the councillors of the ruling AAP abstained from voting.