SC Criticizes Delhi LG’s “Tearing Hurry” To Conduct MCD Standing Committee Election

The Supreme Court expressed concern on Friday regarding the “tearing hurry” displayed by the Lieutenant Governor’s office in exercising executive powers to conduct elections for the 6th member of the Municipal Corporation of Delhi’s Standing Committee.

Justices P.S. Narasimha and R. Mahadevan, who formed the bench, instructed the LG’s office to refrain from holding elections for the position of chairman of the Standing Committee until they hear the petition filed by Mayor Shelly Oberoi. This petition challenges the September 27 elections for the Standing Committee.

“We will take this matter seriously if you proceed with the election for the MCD Standing Committee chairman,” the bench warned senior advocate Sanjay Jain, who represented the LG’s office.

Initially, the Supreme Court was hesitant to entertain Oberoi’s petition. However, it decided to issue a notice due to Lieutenant Governor V.K. Saxena’s recent move to invoke his powers under Section 487 of the Delhi Municipal Act.

The bench remarked, “Democracy will be in danger if you start using executive powers under Section 487 of the DMC Act. How can you disrupt the electoral process?” This statement underscores the court’s apprehension regarding potential overreach by the LG’s office in influencing the democratic processes within the Municipal Corporation.

The backdrop of this legal tussle involves ongoing debates about the appropriate balance of power between the elected representatives in the Municipal Corporation and the executive authority of the Lieutenant Governor.

The Supreme Court’s intervention reflects its commitment to upholding democratic principles and ensuring that electoral processes remain free from undue interference.

As the situation unfolds, the court’s decision to halt the elections for the chairman position reinforces its role as a guardian of democratic integrity. The forthcoming hearings are expected to clarify the legal boundaries of the LG’s executive powers, particularly concerning local governance in Delhi.

This case is particularly significant given the ongoing discussions around the autonomy of the Municipal Corporation of Delhi and the implications of executive intervention in elected bodies.

The Supreme Court’s engagement with this matter not only addresses immediate electoral concerns but also sets a precedent for future interactions between the elected government and the Lieutenant Governor’s office.

As the matter awaits further deliberation, the court’s stance emphasizes the need for a careful examination of the democratic processes at play and the safeguarding of electoral integrity within the municipal governance framework.

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