Delhi L-G Saxena picks 10 members for MCD, AAP hits back

“In exercise of the powers conferred by sub-clause (i) of clause (b) of sub-section (3) of section 3 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), the Lt. Governor hereby nominates the following persons to be represented in the MCD for 2022-2027,” read the gazette notification dated January 3.

Soon after the notification was issued, the AAP attacked Saxena, calling his decision “illegal and unconstitutional”, and said the L-G notified the names of the nominated councillors “bypassing” the elected Delhi government. The party said they are planning to move the court challenging the order.

Claiming that the Delhi government holds the authority to decide and appoint “nominated councillors”, AAP leader and MLA Atishi said, “The L-G called the MCD Commissioner and asked for the file of nominated councillors to be sent directly, bypassing the Delhi government. The MCD consists of ten nominated councillors, whose names are always sent to the L-G by the Delhi government under a process, be it Congress or AAP governments.”

She alleged that all 10 members nominated by the L-G are BJP workers. “The L-G is trying to somehow fill the Standing Committee with BJP members and obstruct the policies of MCD. Even before the oath, AAP councillors started working on the ground, BJP could not tolerate this, and they started a conspiracy to stop the work. I request the L-G and BJP to stop their hooliganism and stop trying to block work of the people of Delhi,” she said.

Meanwhile, sources at the L-G house said, “The DMC Act says the ten persons are to be nominated by the administrator. The amended GNCTD Act also says, ‘Government’ means the L-G.”

Nominated councillors are referred to as aldermen. Although they do not have the right to vote in the mayor polls, they hold significant power and play an important role in the elections of Standing Committees, MCD in-house and ward committee meetings.

While the Delhi Municipal Corporation (DMC) Act 1957 says the councillors are to be nominated by the administrator, that is the L-G, AAP said this is the first time the L-G has declared the names of nominated members.

“Ten persons, not under 25 years of age with special knowledge or experience in municipal administration, to be nominated by the Administrator,” reads the DMC act, sub-clause 3.

“This is happening for the first time that the elected government has been sidelined and the L-G asked the MCD to send him the file and nominated the councillors. He does not hold the power… We are planning to move the court,” said AAP MLA Durgesh Pathak.

“Even in 2017, the list of nominated members was sent to the L-G by the Delhi government,” said Atishi.

Meanwhile, the BJP said AAP leaders have no respect or knowledge of constitutional provisions. “It is strange that MLA Atishi is saying that the L-G has bypassed the legal process in appointing ten aldermen ignoring the new legal provisions under the MCD Act after the unification of three MCDs whereby the word ‘Government’ to which MCD is now accountable is the central government. Thus, the L-G is empowered to nominate aldermen,” said BJP state spokesperson Praveen Shankar Kapoor.