Top court questions Lt Governor's 'hurry' in holding Delhi civic body panel polls

On September 27, the BJP won a seat unopposed in the MCD's Standing Committee as the councillors from the ruling AAP and Congress boycotted the election.

In Short

• Election for sixth member of MCD standing committee held on September 27
• MCD Mayor Shelly Oberoi challenged the election
• Court pulls up Lieutenant Governor VK Saxena for 'interference'

The Supreme Court on Friday questioned Lieutenant Governor VK Saxena over "urgency" in issuing directions for holding the elections for the sixth member of the standing committee of the Municipal Corporation of Delhi (MCD).

A bench comprising Justices PS Narasimha and R Mahadevan issued a notice to the office of the Lieutenant Governor in response to a petition filed by Municipal Corporation of Delhi (MCD) Mayor Shelly Oberoi. The Mayor challenged the election of the sixth member of the MCD standing committee, which took place on September 27.

The bench remarked, “What was the glaring hurry? This is not the right way. The clubbing of these matters was also not justified. The cause of action arose in August 2024, and you waited all this time. There’s a political angle to this as well. The exercise of power under Section 487 was incorrect.”

Justice Narasimha further questioned the Senior Advocate representing the Lieutenant Governor, Sanjay Jain, asking, “What was the urgency in holding the elections? There is also the issue of nomination. The Mayor is supposed to preside over the meeting. Where do you derive the power from? Under Section 487? It’s an executive power. What will happen to democracy if you interfere like this?”

The bench emphasised that Section 487 pertains to executive powers and should not be used to interfere with legislative functions, especially in matters like the election of a standing committee member.

The Supreme Court, while scheduling the next hearing for two weeks later, orally observed that the election for the Chairperson of the Standing Committee should not proceed for the time being.

During the brief hearing, Jain questioned the validity of the petition, arguing that such challenges could only be raised in an election petition. However, the bench countered, “These are not subject to an election petition. This seems like a case where we must issue a notice, especially regarding the manner in which powers under Section 487 were exercised. It is a serious issue.”

Jain further submitted that the Mayor had postponed the election to October 5, violating the Court's earlier directive from August 5 to fill the vacancy within a month.

The case stems from a petition by MCD Mayor Shelly Oberoi, who challenged the election of BJP candidate Sundar Singh Tanwar as the sixth member of the MCD Standing Committee. According to Oberoi’s petition, the election was conducted based on the Lieutenant Governor’s directions, even though, under MCD procedures, such elections should be held during a corporation meeting presided over by the Mayor.