Delhi LG Does Not Need AAP Govt's Approval To Appoint MCD Members: Supreme Court's Big Verdict

The Supreme Court on Monday held that the Delhi LG VK Saxena did not need Aam Aadmi Party-led city city government's approval to appoint aldermen to the MCD.

The petition filed by the Delhi Government was heard by a three judge bench led by CJI Chandrachud. 

Source : PTI

The Supreme Court on Monday held that the Delhi LG VK Saxena did not need Aam Aadmi Party-led city city government's approval to appoint aldermen to the Delhi Municipal Corporation.

The top court today pronounced verdict after reserving it for nearly 15 months in this case. The petition filed by the Delhi Government was heard by a three judge bench led by CJI Chandrachud.

The top court today held that the power was a statutory power flowing the Delhi Municipal Corporation Act and hence the Governor need not act as per the aid and advice of the Delhi Government. Since it was a statutory power and not an executive power, the LG was expected to act as per the statutory mandate and not as per the aid and advice of the Delhi Government.

The Aam Aadmi Party (AAP)-led Delhi government had submitted in the top court that Delhi LG nominated aldermen without their consent which was a practice not seen after 1991 when Article 239AA of the Constitution. Delhi government contended that just like the President appoints members to Parliament on nominations received by Council of Ministers, Delhi LG has to act on advice of Delhi ministers while nominating members. And Delhi LG by his act of nominating members to MCD has bypassed the democratically elected government. 

The government further contended that Delhi LG VK Saxena should have either accepted the proposed names recommended to him for nomination by the elected government or differ with the proposal and refer it to the President. 

While hearing arguments, CJI Chandrachud had orally remarked that the nomination of aldermen by the LG could destabilise the democratic functioning of the MCD.

As the verdict was pending for nearly 15 months, the MCD could not form the standing committee as the ten nominated aldermen are part of the body which elects this committee.

Last week, MCD Mayor Shelly Oberoi in a fresh petition had flagged concern that MCD's functioning has come to a halt as a result, and urged the top court to allow the MCD Corporation to perform the functions of the standing committee for the time being. The top court however asked Senior Advocate Abhishek Manu Singhvi appearing for Delhi government to wait as the verdict will be out soon.

The MCD has 250 elected and 10 nominated members. In December 2022, the AAP defeated the BJP in MCD elections, winning 134 wards and ending the saffron party's 15-year run at the helm of civic body. The BJP won 104 seats and the Congress bagged nine seats.

The verdict comes in at a crucial time as the Delhi High Court recently slammed MCD over mis-management and chaos in city while hearing case of deaths of three UPSC students in a flooded Library in a coaching centre's basement