BJP councillor Sharad Kapoor approached the Delhi High Court on Friday, alleging that city Mayor Shelly Oberoi defied established norms and propriety by allowing the use of mobile phones and pens during the polls to elect the MCD standing committee members earlier this week.
Justice Purushaindra Kumar Kaurav listed the matter for hearing on Monday at the request of the petitioner’s counsel.
The petitioner, who was represented by senior advocate Kirti Uppal, sought to declare the February 22 polls as null and void.
Fresh polls are being conducted on the mayor’s order to elect all the six members of the MCD’s highest decision-making body.
The Bharatiya Janata Party (BJP) had demanded the fresh polls.
In his petition, Kapoor said the mayor “defied every constitutional and statutory norm” and “betrayed the mandate of the Constitution by allowing mobile phones and pens in the election proceedings” held on February 22.
“In a bizarre turn of events, the newly-appointed mayor, in a brazen defiance of constitutionally-established norms and propriety, allowed the councilors to bring their mobile phones and pens during the voting process with the malafide intent of manipulating and vitiating the election process,” the petition filed through advocate Neeraj said.
The petitioner said he, along with others, had staged a vociferous protest against this “illegal and arbitrary act”.
He further submitted that several ballot papers used for the election of the Standing Committee members, which are supposed to be confidential, are being circulated on social media platforms.
“In spite of the objection of the elected members of the BJP, which led to adjournments on several occasions and stalled the polling process for hours, the election process for six members of the Standing Committee was allowed to be continued by the mayor, while permitting the members to carry mobile phones and pens inside the polling booth, wherein several members belonging to the Aam Aadmi Party took pictures/snapshots of their votes (ballot paper), before casting their respective votes, in a gross violation of the complete electoral process, thwarting the principle of secrecy of ballot,” the plea said.
