SC verdict today on Delhi govt’s plea against L-G’s decision to appoint alderman in MCD

New Delhi: The Supreme Court is scheduled to pronounce its verdict on August 5 on a plea of the Aam Aadmi Party-led Delhi government challenging the Lieutenant Governor’s decision to nominate aldermen in the Municipal Corporation of Delhi without the aid and advice of the council of ministers.

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha, JB Pardiwala had reserved its verdict in the matter on May 17, last year. As per the apex court’s website, a bench headed by Justice PS Narasimha will be pronouncing the verdict.

On May 17, last year the top court said giving the lieutenant governor the power to nominate aldermen to the Municipal Corporation of Delhi (MCD) will mean he can destabilise an elected civic body.

The MCD has 250 elected and 10 nominated members.

In December, 2022, the Aam Aadmi Party (AAP) defeated the BJP in the civic elections, winning 134 wards and ending the saffron party’s 15-year run at the helm of the MCD. The BJP won 104 seats and the Congress finished a distant third with nine.

“Is the nomination of specialised people in MCD of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilise the democratically elected Municipal Committees because they (aldermen) will have voting powers also,” the top court had said.

Senior advocate Abhishek Singhvi, appearing for the Delhi government, had contended that no separate powers have been accorded to the state government to nominate people to the MCD, and for the past 30 years, the practice of the LG nominating aldermen on the aid and advice of the city government has been followed.

Then Additional Solicitor General Sanjay Jain, appearing for the L-G’s office had submitted that just because a practice has been followed for 30 years does not mean it is correct. The bench had observed that giving the L-G the power to nominate aldermen will effectively mean that he can destabilise a democratically-elected MCD because these aldermen get appointed to the standing committees and have voting power.

Earlier, the top court had asked about the “source of power” of the L-G under the Constitution and the law to nominate aldermen to the MCD without the aid and advice of the elected government.