BJP claims MCD rulings legal, cites HC

The AAP said that the BJP was wrongly quoting the high court order to justify the decision by the presiding officer

The Bharatiya Janata Party (BJP) on Monday said that the rulings by the presiding officer at the MCD House meeting were in accordance with the Constitution, and cited the 2015 Delhi high court verdict to justify the decision to allow aldermen to vote in the mayor elections.

BJP councillors raise slogans in the MCD House meeting on Monday. (Raj K Raj/HT Photo)

The AAP, however, said that the BJP was wrongly quoting the high court order to justify the decision by the presiding officer.

“The decision to allow voting rights to aldermen was taken by the presiding officer of the MCD House who is authorised to do so by the Act of the Parliament,” said Vijender Gupta, BJP MLA.

Gupta also alleged that while the AAP has been opposing voting rights for the aldermen, the party “grabbed” the position of chairperson in the zonal ward committees in 2017 by nominating members aligned to the AAP. In 2017, Delhi had three separate civic bodies.

To be sure, the aldermen got voting rights in 2015 following a high court order that came on the plea by a Congress councillor, Onika Malhotra. In its April 27, 2015 verdict, the high court gave voting rights to the aldermen, but only in the ward committees. It also allowed them to contest elections to the post of members of the standing committee, but not for the post of the committee chairperson.

AAP MLA Saurabh Bharadwaj said the BJP wants to continue to stay in power in the MCD by adopting illegal means. “Now we will take this fight to the streets, parliament and courts, and will provide justice to the people of Delhi.”

AAP MLA Durgesh Pathak said BJP leaders were “afraid” that if AAP comes to power in MCD it will send all the “corrupt” BJP councillors to jail.

Leader of the opposition in Delhi assembly Ramvir Singh Bidhuri hit back at the AAP leaders and blamed them for creating a ruckus in the MCD meeting, and stalling the mayor elections. “If AAP had no apprehension of defeat, it would not have repeatedly postponed the meeting of the municipal corporation by creating a ruckus,” Bidhuri said.

Bidhuri also said that if the AAP has a majority in the House, as well as in the electoral college for mayor’s polls, why the AAP was scared of voting by nominated aldermen. In the electoral college for the mayor, the AAP has a total strength of 150 while the BJP has 113.

The BJP also accused the AAP of resorting to excuses to stall the mayoral election, as the MCD House was adjourned for a third time in a month without completing the poll process.

Minutes before the MCD House meeting, the BJP paraded its nine councillors at its Delhi unit’s office, alleging that AAP was trying to poach them with money. “There is a rift in the Aam Aadmi Party. It talks about bringing revolution by making tall claims on TV, but its leaders do not have faith in their top leadership, that is why they are constantly postponing the elections,” said Delhi BJP working president Virendra Sachdeva.

AAP MLA Durgesh Pathak rejected the BJP charges, and countered that it was the BJP that trying to lure the AAP councillors to cross vote in the mayor elections.

The first two sessions -- held on January 6 and January 24 -- were also adjourned by the presiding officer without electing a mayor following ruckus by the members.