The Supreme Court Wednesday issued notice on a plea by the Aam Aadmi Party and its Delhi mayoral candidate Shelly Oberoi seeking early conduct of the mayoral elections. Issuing the notice to the office of the Lieutenant Governor (L-G) and pro tem speaker, a bench presided by Chief Justice of India D Y Chandrachud said it will hear the matter next on February 13.
Appearing for the petitioners, senior advocate A M Singhvi told the bench, also comprising Justices P S Narasimha and J B Pardiwala, that the pro tem speaker had allowed the members nominated by L-G to cast their votes. This, Singhvi contended, was contrary to Article 243(R)(2)(a) which “specifically provides that nominated persons shall not have a right to vote in the meetings of the municipality”.
The bench pointed out that even assuming they are allowed to vote, the “difference between” petitioners and opposition is “very substantial”.
“… Then the second objection comes thick and fast – all three (elections) together,” Singhvi said, adding the pro tem speaker was now asking that the elections to the post of the mayor, deputy mayor, and members of the Standing Committee be held together. The simultaneous holding of the three elections is directly contrary to the provisions of the statute, he added.
Singhvi said the pro tem itself is illegal because she is not the senior most, adding that as per Section 76 of the Delhi Municipal Council Act, mayor or in his/her absence, the deputy mayor has to preside in “every meeting” of the corporation. So only the mayor can preside, not the pro tem speaker, he added.