Have serious doubts about legality and validity of L-G’s powers, says SC

“We have serious doubts about the legality and validity of your (L-G’s) powers,” the bench said while issuing a notice to the office of the L-G, on a plea filed by Delhi Mayor Shelly Oberoi, who had challenged the election held on September 27, in which the BJP candidate was elected unopposed.

Section 487 of the DMC Act allows the Delhi L-G to intervene in the functioning of the municipal corporation.

Senior advocate Sanjay Jain, appearing for the L-G, said the petition is not maintainable as only an election petition could have been filed to challenge
the poll.

Justice Narasimha, however, said, “Our initial view, too, was why an Article 32 petition? But after looking into it, we think this is a matter where we have to issue notice, particularly in view of manner in which the powers under Section 487 were exercised.”

Notwithstanding the objections raised by Jain, Justice Narasimha asked, “What is the tearing hurry (in holding the election)?” The judges added that there are also issues with respect to the nomination part of the election.

Pointing out that the “Mayor is to preside the meeting”, Justice Narasimha asked, “Where do you get the power to interdict all this under Section 487, which is an executive power? It is not to interfere with legislative functions… What happens to democracy if you keep interfering like this?”

“This is not the way 487 can be used… it is wrong,” he added.

Appearing for Oberoi, senior advocate Abhishek Manu Singhvi urged the bench to direct that the elections for the chairperson of the MCD Standing Committee be not held in the meantime. The court went on to orally ask Jain to refrain from holding the chairperson election till it hears the matter again after two weeks.

To Jain’s argument that the MCD mayor had flouted the Representation of People Act, the bench said it had reservations about her conceit, but will examine the L-G’s actions, too. Jain also submitted that the mayor had postponed the election to October 5, violating the Supreme Court’s August 5 direction to fill up the vacancy within a month.

The seat had fallen vacant after Councillor Kamaljeet Sehrawat from Ward 120 (Dwarka-B), had been elected as MP in the Lok Sabha elections.

In her plea, Oberoi accused the L-G of acting in a “politically motivated manner” and urged the court to set aside the election held on September 4 and September 27. While on September 4, elections to the posts of the chairman, deputy chairman and one member to the standing committee from the ward committees were conducted, voting to elect the sixth member of the MCD Standing Committee was held on September 27.

In her plea, Oberoi accused Saxena of “malafide” and acting in “politically motivated manner” by “repeatedly invoking” the extraordinary powers under Section 487 of the DMC Act

“without any immediate need to do so and thus, rendering the elected representatives of MCD, including the mayor, redundant”.

The plea contended that ever since the AAP won a majority in the MCD elections, the L-G’s office “has been weaponised to undo the democratic mandate”.