Delhi: What is at the heart of the ruckus inside MCD?
As AAP protests, BJP sources say, not allowing nominated members to vote in MCD mayoral polls is ‘a historical wrong’ that has to be fixed.
4 min read
Sharma’s announcement led to an uproar and the resultant ruckus -- BJP councillors left the House while protesting AAP councillors stayed in, refusing to leave – saw the House being adjourned for the third time this year without electing a mayor. (Express) A day after Aam Aadmi Party (AAP) councillors wrote to the Municipal Corporation of Delhi (MCD) presiding officer Satya Sharma seeking the debarment of aldermen from voting in the election of the mayor, deputy mayor and Standing Committee, she announced on Monday that they will be allowed to do so. The aldermen are nominated members of the civic body’s House.
Sharma’s announcement led to an uproar and the resultant ruckus — BJP councillors left the House while protesting AAP councillors stayed in, refusing to leave – saw the House being adjourned for the third time this year without electing a mayor.
Sharma, a BJP councillor chosen as the presiding officer of the MCD empowered with directing its proceedings till the election of the mayor and other office bearers entitled to discharge the Delhi Municipal Corporation (DMC) Act, made the announcement within minutes of the proceedings getting underway on Monday. She also sought the election of the mayor and deputy mayor simultaneously.
AAP leader Mukesh Goyal countered her, arguing that aldermen can only vote in ward committee polls but cannot vote in the mayoral polls.
Sharma said the DMC Act, dated May 16, 2022, clearly says the alderman can vote. “Mujhe mat sikhaye kya kehna hai (Don’t teach me what to say),” she responded to Goyal.
According to BJP sources, the fact that nominated members chosen by administrators — in this case, the lieutenant governor — could vote for Standing Committee members and not for posts such as the mayor and deputy mayor was “a historical wrong” that needed to be corrected.
“When Members of the Rajya Sabha are allowed to vote on Bills, why can’t nominated members to the MCD House? What the presiding officer announced is perfectly in line with the amended DMC Act, 2022,” a BJP leader said.
According to the AAP, however, nominated members cannot vote in accordance with the Constitution and the DMC Act. BJP sources said an additional amendment related to the amended DMC Act was in the offing.
The AAP in its letter had argued, “This is to reiterate that as per the Article 243 R of the Constitution of India and as given in the Proviso to Section 3 (b)(i) of the Delhi Municipal Corporation Act, 1957, the nominated members (aldermen) are not entitled to vote in the elections.”
Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 allows for: ‘ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator.’ These are the 10 aldermen, all BJP members; chosen by the L-G.
It, however, also adds, “…the persons nominated under this-clause shall not have the right to vote in the meetings of the Corporation.” The Amended MC Act, 2022, did not introduce any modification to this.
“’It is, therefore, the bounden duty of the Protem Speaker of MCD to respect the law of the land Constitution of India and ensure that these laws debarring the nominated members from voting are implemented in letter and spirits in the ensuing election to the post of Mayor, Dy Mayor and Standing Committee of the MCD,” the AAP argued in its letter.
According to the BJP, however, the presiding officer, under sections 76 and 77 of the Act — which deals with the powers of the office in the absence of the mayor and deputy mayor — was well within her rights to have announced the decision regarding the elections to the posts of mayor and deputy mayor.
“The precise rule for this may be introduced and added to the DMC Act soon,” a BJP source claimed.
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