Delhi mayor defends her decision over repoll for MCD committee

The mayor’s submission came against two petitions filed by two Bharatiya Janata Party (BJP) councillors, challenging her decision to conduct a repoll

The decision to order a repolling to elect six members of the powerful Standing Committee of the Municipal Corporation of Delhi (MCD) was taken in the interest of holding “free and fair” elections, Delhi mayor Shelly Oberoi told the Delhi high court on Thursday.

Delhi mayor Shelly Oberoi had ordered fresh “repoll” and not “re-election”, senior advocate Rahul Mehra told justice Purushaindra Kaurav. (Raj K Raj/HT Photo)

The mayor’s submission came against two petitions filed by two Bharatiya Janata Party (BJP) councillors, challenging her decision to conduct a repoll.

Senior advocate Rahul Mehra said the petitions are “immature”, and that the election process was yet to be concluded. “The returning officer (mayor) said everything stands compromised. There is complete commotion. Elections must be free and fair and they must also be seen to be free and fair and hence I am directing a re-poll,” Mehra told the court while opposing the pleas by BJP’s Kamaljeet Sehrawat and Shikha Rai.

The mayor had ordered fresh “repoll” and not “re-election”, Mehra told justice Purushaindra Kaurav.

According to the BJP councillors, the elections on February 24 were completed and three members each from the Aam Aadmi Party (AAP) and the BJP were elected to the Standing Committee. However, the mayor declared one vote invalid, triggering a commotion and clash between the members of the two parties. Following the chaos, the mayor announced a repoll on February 27.

However, Sehrawat and Rai moved the high court against the decision.The high court had stayed the order on February 25.

During the hearing on Thursday, Mehra emphasised that election refers to the “whole procedure” which embraces various steps, including filing of nomination papers, polling and declaration of results, and when the election process is ongoing there is a bar on entertaining petitions in its regard.

Stating that the petitions before the court were stalling the election process, Mehra said the election of six members of MCD standing committee should be allowed to be concluded as soon as possible.

Senior advocate Jayant Mehta, for one of the BJP councillors, told the court that once the election is completed, and the returning officer has no discretion but to declare the results and has no power to order re-election. The arguments in the case will continue for next week.

The Standing Committee is the all powerful panel of the civic body that controls the purse strings as well as ratifies the agenda for discussion in the House.