New Delhi: In a huge relief for the Aam Aadmi Party (AAP) in Mayoral polls, SC says nominated members can't vote.
The top court has directed to issue notice for the election of mayor and the first meeting of MCD. This notice shall be issued within 24 hours and it shall fix the date at which the election of mayor, deputy mayor and other members shall be held.
MCD polls on Saturday
Chief Justice of India D Y Chandrachud on Friday indicated that the pending election of Delhi Municipal Mayor can be held on Saturday by calling a meeting of the municipal corporation.
He ordered the authorities to call a meeting of the Delhi Muicipal Corporation within 24 hours to elect the mayor, who will in turn preside over the meeting to elect the deputy mayor and six members of a standing committee.
In a major relief to AAP, which bagged a majority in the municipal elections two months ago but could not elect own mayor in three sittings, the Chief Justice also made it clear that the nominated members (eldermen) cannot participate in the election of the mayor or the deputy mayor and standing committee.
Petition by AAP mayoral candidate Dr Shelly Oberoi challenging LG decision
The Bench was hearing a petition by AAP mayoral candidate Dr Shelly Oberoi, challenging the Lt Governor's decision to allow voting by 10 eldermen nominated by him.
It also held that the constitutional provisions are "very clear" that the nominated members cannot vote. Since the BJP lost the municipal elections on December 7 after remaining in power for three terms, it tried to win the top offices in the civic body with the help of nominations by the Lt Governor.
The AAP, which has a majority with 134 out of 250 elected members, has alleged that the BJP is trying to steal its mandate by giving voting rights to the nominated members.
A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala relied on Article 243R of the Constitution and Section 3(3) of Delhi Municipal Corporation Act, 1957 to hold that persons nominated by the administrator do not have the right to vote.
"Aldermen (nominated members) cannot vote and that is the basic principle of democracy", CJI Chandrachud orally said after dictating the order which said the first meeting of the MCD will be convened within 24 hours at which election of the Mayor should be held.