The Supreme Court on Monday banned the members nominated by Delhi Lieutenant Governor Vinai Kumar Saxena from voting in the Delhi Mayoral elections.
The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala adjourned the matter to February 17 after LG Saxena said that the Mayoral polls will not be held till February 17, when the Apex Court will hear the plea over the conduct of MCD elections.
The filed by Aam Aadmi Party (AAP) leader raising issues with the manner in which the elections are slated to be held.
On January 26, a candidate of the Aam Aadmi Party (AAP) had filed a petition in the Supreme Court, seeking time-bound elections for the post of Mayor in Delhi.
The petition was filed by Dr. Shelly Oberoi, AAP’s candidate for the civic body’s top post, and Leader of the House in MCD, Mukesh Goyal.
It sought directions from the Apex Court not to allow the 10 nominated Councillors to vote, stating that Aldermen did not have the right to exercise their franchise under Article 243R of the Constitution and Section 3 of the Delhi Municipal Corporation Act, 1957.
Representing the petitioner, Senior Advocate Abhishek Manu Singhvi apprised the Court that on Sunday, a communication was received from the Delhi LG stating that the polls would be held on February 16.
Additional Solicitor General (ASG) Sanjay Jain, appearing for the LG, assured the court that polling could be deferred till the top court heard the matter considering the time constraint today.
Taking note of the fact that polls would not be held on February 16, the Bench proceeded to record in its order.
On December 7 last year, AAP had won 134 of 250 wards, while the Bharatiya Janata Party (BJP) had won 104 wards. However, the polls were declared invalid after a scuffle broke out between the members of BJP and AAP.
(Case title: Shelly Oberoi and anr vs Office of Lieutenant Governor of Delhi and ors)