Delhi Mayor Shelly Oberoi Moves SC Seeking to Carry Out Duty of Standing Committee

Delhi Mayor Shelly Oberoi has moved the Supreme Court, seeking a directive to permit the Municipal Corporation of Delhi (MCD) to carry out the functions of the Standing Committee until the panel is officially constituted.

This move follows Oberoi’s proposition, made in a special session of the MCD less than a fortnight ago, where she suggested consolidating the powers of the standing committee within the House. However, BJP members opposed the move, alleging it to be “illegal and unconstitutional.”

The plea, with the Lieutenant Governor’s (LG) Office as the respondent, aims for the seamless operation of the civic body. It highlights that on May 17, 2023, the top court had reserved its verdict on a plea challenging the appointment of nominated individuals in the MCD without the involvement and advice of the Delhi government.

Oberoi, in her plea, states, “The adjudication of the legality of the nominated persons’ appointments will directly and substantially impact the election of 12 out of 18 members of the Standing Committee, i.e. it will directly determine the special majority within it. Thus, the Standing Committee could not be constituted yet.”

The plea emphasizes that pending the court’s judgment, critical functions of the Standing Committee, such as approving contracts exceeding Rs 5 crore and addressing other budgetary matters, have come to a standstill. The current situation has adversely affected various governance functions of the MCD, from procuring textbooks and medical supplies for MCD’s schools and health centers to maintaining public parks, toilets, and other amenities.

To mitigate the situation, the MCD passed a resolution on January 15, 2024, stating that approvals for contracts exceeding rupees five crores, typically routed through the Standing Committee, will now be directly obtained from competent authorities within the Corporation. This measure aims to alleviate the situation and safeguard the interests of Delhi’s citizens.

The plea asserts that, considering the MCD’s superior status in both power and accountability compared to the Standing Committee, it would be appropriate for the MCD to exercise the functions of the Committee in its meetings until the panel is legally constituted.

“The petitioner, as the Mayor of the Municipal Corporation of Delhi, institutes this petition to seek appropriate directions for the smooth functioning of the MCD during the pendency of the constitution of the Standing Committee due to peculiar circumstances,” the plea concludes.