The Supreme Court on Monday stated during the hearing of a petition filed by AAP leader Shelly Oberoi in relation to the election of the Mayor of the MCD that nominated members cannot vote in the elections.
CJI DY Chandrachud stated, “Members who have been nominated are not eligible to vote. The provision in the Constitution is very clear.”
Senior Advocate Dr. Abhishek Manu Singhvi, appearing for the petitioner, stated that Article 243R of the Constitution makes it abundantly clear.
“Nominated members do not have the right to vote. That is completely settled. It is crystal clear, Mr. Jain”, the CJI told ASG Sanjay Jain, who was representing the LG of Delhi. However, ASG Sanjay Jain stated that there are some arguments on this. Senior Advocate Maninder Singh agreed that it was a contentious issue.
Due to time constraints, the bench was unable to hear the case today and agreed to hear it on February 17. Elections will be held only after that.
Advocate Shadan Farasat, who made submissions on behalf of the petitioner before Dr. Singhvi arrived, stated that the petitioner is seeking two directions: that nominated members be barred from voting and that elections for mayors, deputy mayors, and standing committees be held separately. “This is clear from the black letter of the law,” Farasat submitted the bench led by CJI, Justices PS Narasimha and JB Pardiwala.
