Big win for AAP as SC says LG-nominated members can't vote in Delhi mayor polls

In a major victory for the Aam Aadmi Party (AAP), the Supreme Court has ordered that councilors will not be allowed to vote in the mayoral elections in Delhi. The councilors are members of the Municipal Corporation of Delhi nominated by Lieutenant Governor VK Saxena. The AAP had earlier alleged that the nominated members were former associates of the Bharatiya Janata Party, which could lead to unfair mayoral polls in Delhi.

The AAP found that voting by nominated members would tilt the mayoral poll in favor of the BJP. Now the court has ruled that the members cannot vote and that the election of the Mayor of Delhi will be done in the first meeting of the MCD and after the election, the Mayor will preside over the election of the Deputy Mayor.

A three-judge bench headed by Chief Justice of India DY Chandrachud said that the election of the Mayor of Delhi had to precede the election of the Deputy Mayor. The Supreme Court also ordered that a notice be issued within 24 hours on the date of the mayoral election. After the election of the mayor, the mayor is the presiding authority for the election of the deputy mayor and members of the standing committee.

The order came while hearing a petition filed by AAP leader and mayoral candidate Shelly Oberoi seeking early elections. During the meeting, the council commented verbally: "It does us no good as the capital of the state if the mayor is not elected." The court accepted the contention of senior advocate Abhishek Manu Singhvi, appearing for the Oberoi, who relied on Article 243R of the Constitution and Section 3(3) of the Municipal Corporations of Delhi Act, 1957 to hold that persons appointed as "administrators" do not have voting rights. "The prohibition on nominated members exercising the right to vote in terms of S 3(3)(b)(1) shall apply to the first meeting where the mayor and the deputy mayor are to be elected," the bench ordered.