Delhi MCD mayor polls: Supreme Court seeks response from LG on plea by AAP against voting by nominated members

The Supreme Court on Wednesday sought the response of the Lieutenant Governor (LG) of Delhi on a plea by Aam Aadmi Party (AAP) challenging the LG's move to allow members nominated by him to the Municipal Corporation of Delhi (MCD) to vote in the elections for mayor and deputy mayor..A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala also sought the response of the protem officer of MCD, Satya Sharma."Issue notice returnable on Monday (February 13). Serve to also the LG office through central agency," the Court directed. The Court also noted in its order that the plea has raised objection to holding simultaneous elections to the post of mayor, deputy mayor and standing committee..Background.Delhi does not yet have a mayor, despite voting in members of its municipal corporation by the end of last year.AAP had won 134 of 250 wards, while the Bharatiya Janata Party (BJP) had won 104. The results were announced on December 7, 2022.Two previous sittings of the Municipal Corporation of Delhi (MCD) saw violence break out among the AAP and BJP councillors. Initially, given its lack of a majority, the saffron party had said that it would be putting forth candidates for the two posts, but has since gone back on that decision.According to a report by PTI, the house was adjourned on January 6 and January 24 amid ruckus. A similar situation ensued even yesterday, on February 6.The presiding officer had to adjourn the House indefinitely on January 24 following shoving and sloganeering against Delhi Chief Minister, Arvind Kejriwal. The ruckus had broken out after AAP members had raised an objection to nominated councillors being given the oath first..Arguments today.Senior Advocate Abhishek Manu Singhvi, appearing for the AAP, submitted that the presiding officer has directed that elections for mayor, deputy mayor and standing committee be held together which goes against the law. "Presiding officer is protem and she is herself illegal and not the senior most. She says hold mayor, deputy mayor and standing committee elections together. There is a provision directly saying you cannot do that - Section 76. Mayor or deputy mayor shall preside in every meeting of election. Mayor can only preside after being elected and the pro tem cannot do it," Singhvi said..The Court recorded the submissions of the counsel."It is stated though elections were held on Dec 4, 2022, as of now no elections have been thereafter held to office of mayor , deputy and standing committee has not been held. It is also said nominated persons cannot vote in municipal polls. It is argued that simultaneous polls to the three posts of mayor, deputy mayor and Standing committee is directly contradictory to the statute," the order noted. It then proceeded to issue notice to the respondents..[Read live coverage of hearing below].[Read order]