Delhi Mayor Challenges MCD Standing Committee Election in Supreme Court

Delhi Mayor Shelly Oberoi has filed a Supreme Court petition challenging the election of the sixth member of the MCD standing committee, which was won by the Bharatiya Janata Party (BJP) on September 27th. The Aam Aadmi Party (AAP), to which Oberoi belongs, boycotted the election, alleging irregularities in the process.

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Allegations of Illegal Process and Violation of DMC Act

The petition argues that the election was conducted illegally. It contends that the Lieutenant Governor (LG) and the Municipal Commissioner, an IAS officer, directed the election, contravening the Delhi Municipal Corporation Act. The AAP claims only the Mayor has the authority to set the date, time, and venue for such corporation meetings, as per Regulation 3(2) and Regulation 51 of the Delhi Municipal Corporation Procedure and Conduct of Business Regulations 1958. Furthermore, Section 76 of the DMC Act stipulates that the presiding officer must be the Mayor or, in their absence, the Deputy Mayor. The petition highlights the illegality and unconstitutionality of an IAS officer presiding over the meeting.

Competing Legal Actions and the Background of the Vacancy

The vacancy for the 6th member arose following the election of BJP’s Kamaljeet Sehrawat to the Lok Sabha. Prior to the Mayor’s petition, the BJP filed a contempt petition against the Mayor for postponing the election to October 5th, allegedly violating a Supreme Court order from August 5th mandating the vacancy be filled within a month. This underscores the ongoing legal battle surrounding the MCD’s standing committee composition.

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