The Supreme Court on Friday said the nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the mayoral election, with Delhi CM Arvind Kejriwal terming the SC order a victory of democracy. Kejriwal said it was proof that Delhi's Lt Governor and the BJP were passing "illegal and unconstitutional orders".
A bench comprising Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardiwala relied on Article 243R of the Constitution and Section 3(3) of the Delhi Municipal Corporation Act, 1957, to hold that those nominated by the administrator do not have the right to vote.
The bench directed that the election of the Delhi mayor shall be conducted at the first MCD meet, and once elected, the mayor shall preside over the deputy mayor's election. The court said nominated members cannot vote for deputy mayor and standing committees' elections.
Polling for the 250 wards of MCD took place on December 4, with the AAP ousting the BJP from the civic body after 15 years. However, the election to the mayor's post could not take place because of the dispute between the AAP and BJP over allowing nominated members to vote.
The SC's order came on a plea moved by the ruling Aam Aadmi Party's (AAP) mayoral candidate, Shelly Oberoi, seeking early conduct of the election. The apex court had, on February 8, sought the responses of the lieutenant governor's (L-G) office, MCD's pro-tem presiding officer Satya Sharma and others on Oberoi's plea.
"We have heard the counsel for the parties. We are unable to accept the submission on behalf of the municipal corporation. The Constitution has imposed a restriction in terms of which nominated members do not have the right to vote. The prohibition on nominated members in the exercise of the right to vote applies on the first meeting," the bench said.
"The notice for the election of mayor and the first meeting of the MCD shall be issued within 24 hours, and the notice shall fix the date at which the elections of the mayor, deputy mayor and standing committee members shall be held," it said.
"SC order victory of democracy. Many thanks to SC. Delhi will now get a mayor after two-&-a-half months. It has been proved how the L-G and the BJP together were passing illegal and unconstitutional orders in Delhi," Kejriwal tweeted in Hindi.