New Delhi: Just an hour ahead of the poll to elect the last vacant standing committee seat, Mayor Shelly Oberoi directed MCD Commissioner Ashwani Kumar to stall the election on Friday so that it could be held on October 5, as per her earlier instructions.
Following disruption over frisking of the councillors on Thursday, the election to the MCD Standing Committee was postponed till October 5 by Mayor Shelly Oberoi.
Later Lt Governor VK Saxena, however, overturned the postponement of the elections and directed MCD Commissioner Ashwani Kumar to hold the election on Friday at 1 pm.
In a letter, Oberoi asked the commissioner to ensure due legal compliance in holding the standing committee election on October 5.
She also asked him to declare the poll scheduled for Friday to be "illegal and unlawful".
Oberoi, in her response to the commissioner, termed the LG's directive unconstitutional. "This order is illegal, unconstitutional as it is a gross violation of the statutory scheme of the DMC Act and the Delhi Municipal Corporation (Procedure & Conduct Of Business) Regulations, 1958, apart from being contrary to the touchstone of a fair democratic process," she wrote.
She further stressed that many councillors had informed her they were out of town after the adjournment of the House. "When your order was issued at 11 pm on 26.9.2024, there was inadequate time for them to reach for the said meeting.
"In fact, most councillors have not even received the meeting notice by 10 am on 27.09.2024. Therefore, to expect them to attend the meeting at such short notice is not only a violation of their electoral rights as public representatives but also violates the fair democratic process and Principles of Natural Justice," she added.
Declaring the commissioner's order "ab initio null and void," Oberoi reiterated her authority as mayor to adjourn meetings.
"On 26.09.2024, in accordance with this regulation, I adjourned the election to be held on 05.10.2024. This adjournment is legally binding, and any attempt to conduct the election on 27.09.2024 is a direct violation of this lawful adjournment," she said in her letter.
Oberoi argued that rushing the election would undermine the democratic process, which demands proper notice and preparation. "Conducting elections without proper adherence to rules and regulations will erode public confidence in the institution and the fairness of its processes," she said.
The mayor directed the commissioner to hold the elections on October 5 as per her order.
"This is not only a statutory requirement under the Delhi Municipal Corporation Act, 1957, but also a constitutional obligation," she said, emphasising that any deviation would constitute a violation of both the DMC Act and the Constitution.