This judgment has ended a 20-month dead lock between the Aam Aadmi Party and LG of Delhi over the appointments of 10 aldermen or nominated member to the Municipal Corporation of Delhi (MCD).
Delhi LG VK Saxena
New Delhi: In a setback to the Aam Aadmi party in Delhi, The Supreme Court on Monday said Delhi Lieutenant Governor has power to nominate aldermen to the Municipal Corporation of Delhi (MCD) without consulting the council of ministers.
MCD act was amended in 1993 and it gave powers to LG to nominate aldermen: Apex Court
A bench of Chief Justice of India DY Chandrachud, Justice PS Narsimha and Justice JB Pardiwala held that MCD act was amended in 1993 and it gave powers to LG to nominate aldermen.
This judgment has ended a 20-month deadlock between the Aam Aadmi Party and LG of Delhi over the appointments of 10 aldermen or nominated member to the Municipal Corporation of Delhi (MCD).
Aam Aadmi Party had last year filed a petition in the supreme court challenging the appointments of 10 aldermen.
LG had no independent powers to appoint aldermen, Delhi government told apex court
The petition said that Delhi LG can only appoint aldermen on the aid and advice of the council of ministers of the Delhi government and LG had no independent powers to appoint aldermen.
The Delhi government, in its plea before the apex court, has alleged that the Delhi Lieutenant Governor on his own initiative nominated 10 aldermen to the civic body without the aid and advice of the council of ministers. Terming the decision of the LG illegal, the Delhi government has sought quashing of orders of the Delhi LG pertaining to nominations of aldermen to MCD.
Delhi government, represented by senior advocate Abhishek Manu Singhvi, had told the bench that it was for the first time in the last 30 years that the Lieutenant Governor has directly appointed members in the MCD and earlier it was always based on aid and advice of the government.
AAP won MCD elections in December 2022
In December 2022, the Aam Aadmi Party had trumped the BJP in the corporation election bagging 134 seats in a house of 250 seats. The AAP had won 136 seats in the December 2022 civic elections, while the BJP won 104 seats and Congress 9 seats. The civic body has 250 elected and 10 nominated members.
Since last year, the constitution of MCD’s standing committee has been caught up in this tug o war between Delhi LG and the Aam Aadmi Party.
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