Refrain in AAP, BJP camps: ‘Delhi HC order on MCD mayor notice in our favour’

Delhi BJP working president Virendra Sachdeva said the decision was “historic” and had put a stop to AAP’s attempt to “run the MCD with arbitrary autocracy”.

On her part, however, MCD Mayor Shelly Oberoi said she considered the decision a win since the counting procedure “was not allowed to be carried out properly”.  “This is a victory for us… Today’s court proceedings are in our favour as they pave the way for another possible hearing on the matter in the HC following which I’m sure we will see justice prevail in the end,” she said.

AAP MLA Atishi argued that the BJP had hoped the HC would “endorse an illegal demand” regarding counting of votes, but the court refused to accept it. “The court eventually said it will examine the matter and see what powers the Constitution of India gives to the Mayor and the Municipal Secretary,” she said.

The AAP also sought to put up a brave face and argued that BJP taking the matter to court followed by the stay was precisely what it wanted. “With today’s HC order, AAP gains complete control over MCD for the next few months. The BJP walked into the AAP’s trap and did a self-goal today,” said an AAP leader.

“With the order, the constitution of the standing committee is delayed by a few months. Till then, all proposals will directly come to MCD House where AAP has a majority and it will effectively be able to control and run the MCD through the Mayor and the House. AAP will not go to SC against the HC order,” the leader said.

The BJP argued that AAP’s contention was untenable on various counts. “The AAP’s current Mayor and Deputy Mayor will only be in power till the end of March as the House is procedurally required to elect individuals to these posts every financial year,” a senior BJP leader said.

“As far as their argument of being able to take executive decisions is concerned, they seem to be ignorant of the fact that in the absence of the standing committee, the body will function through the MCD Commissioner who is under direct supervision of the Ministry of Home Affairs after the DMC Act was amended last year,” the leader added.

Delhi BJP spokesperson Praveen Shankar Kapoor said that even if the Standing Committee election had taken place yesterday, the constitution of the Committee would have taken around 20 days: “By the time it would have been constituted by the 3rd week of March, the time for its reconstitution would have come up and it would have been dissolved. AAP should know the Mayor has very limited anticipatory sanction powers but each decision will have to be ratified by the Standing Committee sooner or later,” he said.