Mayor of the Municipal Corporation of Delhi (MCD), Shelly Oberoi, has moved a petition before the Supreme Court seeking directions so that the functions of the MCD Standing Committee are permitted to be exercised by the MCD Corporation, till the Standing Committee can be properly and legally constituted.Oberoi recounted that the Supreme Court, on May 17, 2023, reserved its judgment on whether the Lieutenant Governor (LG) of Delhi can nominate aldermen to the MCD without the aid and advice of the Delhi Government.This judgment had been reserved on a batch of petitions that had challenged notifications through which the LG appointed ten nominated members to the MCD on his own initiative, without basing such decision on the aid and advice of the Council of Ministers.However, Oberoi's plea notes that under the Delhi Municipal Corporation Act (DMC Act), the ten nominated persons (aldermen) are entitled to vote in elections for the appointment of twelve out of eighteen seats in the Standing Committee.Thus, on account of the pendency of the decision on the legality of the aldermen nominations, the Standing Committee could not be constituted.Oberoi has contended that such case pendency before Supreme Court has brought the MCD's functioning to a halt."The prevailing situation has affected a range of governance functions of the MCD, from the procurement of textbooks and medical supplies for MCD’s schools and health centers, to the maintenance of public parks, public toilets, and other amenities," reads the plea.The present plea, therefore, seeks a direction that the functions of the Standing Committee be exercised by the House of the MCD, i.e. the ‘Corporation’ composed of all the elected councilors as defined in Section 3(3)(a) of the DMC Act. This is proposed as an interim measure, until the top court decides on case concerning the LG's nomination of aldermen.The plea contends that the corporation is the body superior to the Standing Committee, in terms of both power and accountability, and that it would be appropriate for the functions of the Standing Committee to be exercised by the Corporation in its meetings, till the Committee can be properly and legally constituted.The petition has been filed through advocate Shadan Farasat.
TAGS: MCD Mayor Supreme Court Standing Committee Functions Interim Measures MCD Corporation
