AAP challenges MCD standing committee election in Top Court

New Delhi: The Aam Aadmi Party (AAP) has filed a petition in the Supreme Court contesting the recent election for a member of the Municipal Corporation of Delhi's (MCD) standing committee. The development follows the election held on September 27, which resulted in the Bharatiya Janata Party (BJP) winning the last vacant seat of the 18-member committee unopposed.
Delhi Chief Minister Atishi announced the AAP's decision to approach the Supreme Court during a press conference on Saturday. She stated that the election was conducted in violation of the Delhi Municipal Corporation (DMC) Act, 1957. According to Atishi, the rules stipulate that only the mayor can determine the date and location for the standing committee member's election and preside over the meeting of MCD councillors for this purpose.
The BJP recently sought an urgent hearing in the Supreme Court for contempt proceedings against Delhi Mayor Shelly Oberoi regarding the election to fill the vacancy in the MCD's standing committee. In response to the AAP's claims, Delhi BJP president Virendra Sachdeva defended the election's legitimacy. He cited sections 45 and 487 of the DMC Act, stating that the formation of the standing committee is mandatory and that the Lieutenant Governor (L-G) and municipal commissioner have the authority to convene a corporation meeting under special circumstances and appoint a presiding officer.
This dispute follows a recent Supreme Court ruling on August 5, which affirmed the L-G's power to nominate aldermen to the MCD without requiring the advice of the council of ministers. The court rejected the Delhi government's challenge to this authority. The AAP councillors’ abstention from voting led to the BJP candidate winning the seat unopposed. As the matter moves to the Supreme Court, both parties continue to assert their positions on the election’s validity and the interpretation of relevant laws governing the MCD’s functioning.