MCD Mayor opposes pleas against standing committee’s re-election

“There is complete commotion. Election must be free and fair and they must also be seen to be free and fair and hence I am directing a re-poll… Mayor is saying re-polling and doesn’t say de-novo election from nomination. This must be allowed to proceed further,” Mehra said.

The High Court was hearing two pleas moved by BJP members Kamaljeet Sehrawat (who contested the MCD polls from Dwarka) and Shikha Roy (who contested the MCD polls from Amar colony), who had among other reliefs, sought a direction to the returning officer/mayor to declare the result of the election for the six members of MCD’s standing committee held on February 24 and further declare the notice of February 24 calling for re-election on February 27 at 11 am as null and void. In the interim, the petitioners had sought a stay on the operation of the notice dated February 24 during the pendency of the proceedings of the matter.

On February 25, the HC had stayed the notice for holding re-elections on February 27 observing that “prima facie” it appeared that Mayor/returning officer (Oberoi), is conducting re-election “without declaring results for election conducted on 24.02.2023, which is in violation of Regulation 51 of Delhi Municipal Corporation (Procedure & Conduct of Business) Regulations, 1958 and no purpose will be served by conducting a fresh election on 27.02.2023″.

Senior advocate Jayant Mehta, representing a petitioner councillor, submitted that once the election is completed, returning officer has “no discretion but to declare results” and “cannot sit over it” if the “result is not to her liking” and has no power to order re-election.

Mehra, however, said that election refers to the “whole procedure” which includes filing of nomination papers, polling and declaration of results, and when the election process is ongoing there is a bar on entertaining petitions in its regard.

The HC had in its stay order also observed, “From the perusal of Regulation 51, it is nowhere reflected that Returning Officer/the Mayor has authority to declare an election for selection of members of the Standing Committee as null and void. It will not be out of place to mention that it has been admitted that the counting of votes has culminated and it is incumbent upon the Mayor to declare the result of elections held on 24.02.2023. On a pointed question to the senior counsel appearing on behalf of respondent No. 4 (mayor) to show the power of the Mayor/Returning Officer to declare an election as void, the counsel fails to show any relevant provision.”