Despite L-G’s directive, poll deferred as session sees protests & adjournments

However, the BJP members soon returned as Lieutenant-Governor (L-G) V K Saxena ordered the election to be held on Thursday itself. But by 10: 14 pm, the MCD deferred the election, the date and time of which would be announced later. “AAP councillors had left the premises of the MCD, and if elections took place without their presence then it could have been contested in courts,” sources said.

Thursday’s session began around 2:30 pm with MCD Mayor Shelly Oberoi criticising the security measures put in place at the House. “This has never happened in the history of MCD; never before have councillors been frisked before entering the MCD House. This is against democracy and hurts the dignity of the councillors,” she said. She directed the Commissioner and Municipal Secretary to waive the security checks and adjourned the session for 15 minutes.

However, Commissioner Ashwini Kumar cited the Delhi Municipal Corporation (DMC) Act countering the Mayor’s objections. “This is mandated under the DMC Act. It is important to maintain the secrecy of the ballot during the voting process,” Kumar said.

At 2:55 pm, Oberoi re-entered the House and expressed frustration that her orders were not followed. Once again, she demanded Municipal Secretary Shiva Prasad and the Commissioner to comply. Prasad quoted Section 51(5) of the DMC Act stating that these protocols are necessary to maintain ballot secrecy.

Meanwhile, the AAP councillors staged a protest outside the House, chanting “Mayor hamara, raj tumhara, nahi chalega, nahi chalega” (Our Mayor, your rules won’t work). As the stand-off continued, at 3:49 pm, Oberoi returned once again and officially adjourned the session until October 5, prompting a protest and subsequent walkout by BJP councillors.

Soon, news was out that L-G V K Saxena was expected to order that the election be held on Thursday itself. The BJP councillors were called back to the House.

By 8 pm, an official order was issued from the L-G’s office, directing the Deputy Mayor to preside over the election if the Mayor declines, and for the senior-most officer (Commissioner, in this case) to take over if the Deputy Mayor also refused. It also asked the Commissioner to submit a report on the election by 10 pm.

“It appears that by not holding the election of the sixth member of the Standing Committee, the Mayor of the Corporation has deliberately tried to subvert the democratic process of conduct of elections, using frivolous arguments,” the order criticised the Mayor’s actions. The LG also expressed concern over the delay in forming the key committee since January 2023, citing its impact on municipal governance.

The MCD standing committee election has become a political battleground over the past two years.

However, by the time L-G’s order came, the AAP councillors had left the MCD premises. After Saxena’s directive, former Deputy CM Manish Sisodia criticised the L-G for conducting the polls in a rushed manner, despite the Mayor’s decision to adjourn it till October 5. “We are taking advice from lawyers to stop the elections, orders have been given to conduct elections only in the presence of BJP councillors,” he said addressing a press conference. He also questioned the L-G about why the elections could not take place a day later.

At 10:14 pm, even as the BJP councillors waited for the elections to proceed, came an announcement from the MCD: “Standing Committee Election for sixth member will not be held today. Date and time of the election will be announced later.”

The MCD standing committee election has become a political battleground over the past two years. On Wednesday, a day before the election, three AAP councillors had defected to the BJP. This was not the first instance of defections though, two councillors had switched sides before the Lok Sabha polls, followed by five more on August 26. Notably, MCD councillors are not subject to anti-defection laws.

These defections have reduced AAP’s tally to 124 seats from 134 after 2022 elections in the 250-member MCD House. While the BJP now holds 115 seats, up from 105 in 2022, and the Congress has nine councillors. Before the scheduled election, the Delhi Congress had announced that it would abstain from voting, stating that it did not wish to be involved in the ongoing “AAP-BJP tug of war”.

The BJP also nominated a former AAP councillor to contest for the final Standing Committee seat.

The Standing Committee is pivotal to MCD’s functioning as it controls finances and has the authority to approve any proposal exceeding Rs 5 crore. Currently, the BJP holds nine seats in the committee, while AAP has eight. The final seat, left vacant after Kamaljeet Sehrawat was elected as a BJP MP from West Delhi, will determine whether the BJP secures a majority in the committee and gains control over MCD’s finances, or if AAP forces a 9-9 tie.