Delhi Civic Centre chaos as House cuts key panel’s powers amid protest

The Aam Aadmi Party (AAP)-led municipal administration in Delhi has pushed through a proposal to transfer the powers of the key standing committee to the house of councillors, causing chaos and protests from the opposition Bharatiya Janata Party (BJP). Some experts say the transfer of powers is not legally feasible and can only be done if the Delhi Municipal Corporation Act is amended by Parliament. The standing committee controls the finances of the corporation and all proposals with financial implications over ₹5 crore ($698,000) must be approved by the committee before being presented to the house.

Familiar scenes of pandemonium returned to the Municipal Corporation of Delhi (MCD) on Monday as the Aam Aadmi Party (AAP)-led municipal administration, during a special session, pushed through a proposal to transfer the powers of the key standing committee to the house of councillors even as the opposition Bharatiya Janata Party (BJP) protested the move vociferously.

BJP members shout slogans as the AAP passes two private member’s resolutions during the special session on Monday. (Sanjeev Verma/HT Photo)

Amid the chaos, mayor Shelly Oberoi read out two private member resolutions recommending that the financial powers of standing committee temporarily be vested in the house till the key panel is constituted, and secondly, that a de-sealing drive in markets be initiated from January 19.

Some experts, however, said that the transfer of powers is not legally feasible and can only be done if the Delhi Municipal Corporation (DMC) Act, 1957 is amended by Parliament.

The first private member’s resolution, moved by AAP councillors Ankush Narang (Ranjeet Nagar) and Praveen Kumar (Mahavir Enclave), that states that the Delhi government has filed a writ petition in the Supreme Court against the “illegal appointment of 10 nominated members to the MCD by the LG (lieutenant governor) and the court has reserved the judgement on May 17,2023”.

“Due to non constitution of the standing committee crucial functions have come to a halt… Therefore the house resolves that all sanction approvals for MCD to enter into contract which are ordinarily required to from the standing committee till the writ petition is decided by the Supreme Court,” it added.

A second private member resolution, tabled by AAP councillor Prem Chauhan, dealt with the de-sealing of certain shopping centres in Delhi.

The AAP councillors affirmed their support through voice vote, but the BJP argued that the house was not lawfully in session as members of the executive wing — the bureaucrats — were missing, and proper procedure was not followed.

The 18-member standing committee is one of the most powerful MCD bodies as it controls the purse strings of the corporation. All proposals with financial implication of more than ₹5 crore, along with all layout plans, audit reports, and larger policy matters, are first taken up by the standing committee before they are presented before the house for a final call.

HT earlier reported that even a year after the MCD elections were held, a complete policy paralysis continued in the civic body, with panel formation stuck in a political and legal stalemate.

On Monday, three attempts were made to initiate house proceedings — protesting BJP members twice prevented the mayor from reaching her designated chair, before security personnel were deputed to the MCD headquarters to resolve the impasse.

The protesting BJP members also blocked municipal secretary Siva Prasad KV’s office, resulting in 10 CRPF personnel being deployed outside his office, and senior police officers intervening to restore the secretary’s access to the house chambers.

Mayor Oberoi said in a press conference that ever since the AAP government has come to power in Delhi, the BJP councilors have repeatedly created ruckus in the house. “Today, the BJP started creating a ruckus as soon as the session started. For the first time, my chair was pulled and I was not allowed to sit, BJP councillors pulled the mike, and snatched all the papers. Despite this, I passed two important resolutions in the interest of the people of Delhi. Until the standing committee is formed, the House should have the power to present all the important issues,” she said.

Leader of the opposition Raja Iqbal Singh said that the house meeting was not in session legally as the municipal secretary and executive wing members were not present in the chambers.

“If the MCD denotes that these resolutions have been passed in the minutes of the meeting, we will approach the courts. Powers of one important municipal authority cannot be usurped by another authority. We were exercising our democratic right to protest,” he said.

Leader of the house and AAP councillor Mukesh Goyal, in a press conference after the session, said that his party had called the house meeting as many development projects were pending for approval.

“It is for the first time in MCD history that mayor is not allowed to initiate the proceedings. Moreover, BJP councillors are not allowing the MCD secretary leave office, and this is dictatorship. Everyone has right to express their views on the floor of the house but you cannot block the MCD secretary’s office,” he said.

An MCD official said that ordinarily, such private member resolutions do not hold any legal power. “The private resolutions once passed by the house are referred to the commissioner. If the commissioner agrees with the resolution, it is moved as a policy proposal through the secretary office. If this policy is passed by the house, then it becomes enforceable. We will also have to look at the legal aspects and if the house was lawfully in session,” the official said.

Anil Gupta, former chief law officer in the corporation, said that under Section 44 of DMC Act there are three distinct authorities — the commissioner, the standing committee, and the house — and one cannot usurp the powers of the other. “It cannot be done unless the central act is amended by Parliament...It is not legally feasible,” he said.