Supreme Court raises eyebrows over Delhi LG interference in MCD standing committee polls

The Supreme Court on Friday expressed reservations over the manner in which Delhi's Lieutenant General (LG) VK Saxena had interfered in an election process for the appointment of the sixth member of the Municipal Corporation of Delhi (MCD) standing committee [Shelly Oberoi v. Office of Lieutenant Governor and Others]..A Bharatiya Janata Party (BJP) candidate had eventually been elected to the post after the Aam Aadmi Party (AAP) and Congress boycotted the September 27 election to protest the LG's actions. Delhi Mayor Shelly Oberoi proceeded to challenge the election before the Supreme Court.A Bench of Justices PS Narasimha and R Mahadevan issued notice in the matter today while questioning the LG's actions, including the haste with which he directed the conduct of the elections."Initially we thought 'why Article 32'. But we have some serious apprehensions about whether the exercise of your (LG) powers was valid. There is politics in this also. So far as Section 487 (of Delhi Municipal Corporation Act) is concerned, we will examine ... What is the tearing hurry? Cause of election arose in August, to then hold elections in two days? Mayor is to preside over standing committee elections. Where did you (LG) get all this power under 487? It is not to interfere with legislative powers," the Court remarked today..What is the tearing hurry? Where did you (LG) get all this power?Supreme Court.The Court proceeded to issue notice in the matter and adjourned the case by two weeks. The Court also orally directed that further elections for the post of chairperson should not be held in the meantime. "Do not hold those elections; we are just telling," the Court said.Senior Advocate Dr. Abhishek Manu Singhvi with Advocate Prateek Chadha appeared for Oberoi. Senior Advocates Sanjay Jain and Garima Prashad appeared for the LG and opposed the plea, stating that Oberoi should have filed an election petition if she wished to challenge the election. .The MCD elections for the sixth member of the MCD standing committee were initially adjourned on September 26 till October 5. However, the LG is said to have invoked extraordinary powers under Section 487 (directions by Central government) of the Delhi Municipal Corporation Act to issue a directive on the night of September 26 to hold the elections on September 27 at 2 PM.The elections held on Friday September 27 saw the opposition BJP securing the final seat..In her petition, Oberoi claimed that the election was unlawful and breached the Delhi Municipal Corporation (DMC) Act and associated norms.The mayor voiced reservations about the election method saying it lacked legitimacy and impartiality.A key area of disagreement raised in the appeal was the LG's decision to nominate an Indian Administrative Service (IAS) official as the presiding officer of the election rather than the mayor..As per reports, AAP leader and former deputy Chief Minister of Delhi Manish Sisodia had claimed that the BJP was trying to resort to tactics that it earlier adopted in the Chandigarh mayoral polls, the results of which were eventually set aside by the Supreme Court. In that case, the top court had also pulled up Returning Officer Anil Masih, for defacing ballot papers in the mayoral elections and declaring the election in favour of a BJP candidate despite the latter not having majority.