The Supreme Court on Monday postponed the hearing of a plea by Delhi Mayor Shelly Oberoi, which seeks to enable the Municipal Corporation of Delhi (MCD) to resume the functioning of its standing committee. This adjournment follows a significant ruling earlier in the day regarding the powers of the Lieutenant Governor (LG) in nominating aldermen to the MCD.
In the day’s earlier proceedings, the court affirmed that the municipal law “expressly enables” the LG to nominate aldermen to the MCD, clarifying that he is not obliged to follow the advice of the council of ministers on this matter. This decision came from a bench led by Justice P. Narasimha and has direct implications for the plea brought forth by Mayor Oberoi.
Senior Advocate Abhishek Singhvi, representing the mayor, requested additional time for the mayor’s legal team to review the implications of this judgment. Chief Justice D.Y. Chandrachud, alongside Justices J.B. Pardiwala and Manoj Misra, agreed to this request, stating that the matter would be relisted in two weeks.
The standing committee, which is central to Mayor Oberoi’s plea, is responsible for endorsing decisions involving expenditures over Rs 5 crore, including significant public initiatives like the mid-day meal scheme for schoolchildren. The current impasse stems from political disputes within the MCD, with the opposition Bharatiya Janata Party (BJP) accusing the ruling Aam Aadmi Party (AAP) of avoiding the constitution of the committee due to fears of not securing a majority.
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Mayor Oberoi’s plea highlights that the standing committee is presently non-functional. The committee should comprise 18 members, six of whom are directly elected by the civic body, while the remaining 12 are chosen by an electoral college that includes ten aldermen nominated by the LG. This structure has been a point of contention, given the political dynamics within the MCD, especially following the AAP’s victory over the BJP in the December 2022 civic elections.
