Delhi Mayor moves SC, asks that house be accorded standing committee powers

Delhi BJP general secretary Kamaljeet Sehrawat said that Oberoi’s petition has exposed that the AAP has no respect for the DMC Act

Mayor of the Municipal Corporation of Delhi (MCD), Shelly Oberoi, has approached the Supreme Court for directions to permit the civic body to carry out the functions of the Standing Committee by the House of councillors as a temporary measure till the key panel is constituted, according to documents seen by HT.

The 18-member Standing Committee — the MCD primary executive body — controls the purse strings of the corporation. (ANI)

The top court is yet to decide on a petition by the Aam Aadmi Party (AAP) challenging the nomination of 10 experts by lieutenant governor (LG) VK Saxena.

“The prevailing situation has affected a range of governance functions of the MCD, from the procurement of textbooks and medical supplies for MCD’s schools and health centres, to the maintenance of public parks, public toilets, and other amenities,” said the petition filed through advocate Shadan Farasat.

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The corporation comprises all elected councillors. However, the 18-member Standing Committee — MCD’s primary executive body — controls the purse strings of the corporation and its formation has remained stuck over the last year due to political and legal tussle over the appointment of the nominated members called aldermen. Twelve of the 18 members are elected by ward committees constituted by the LG’s nominated members. In January 2023, the LG nominated 10 experts (aldermen), a decision that was challenged by the AAP, including Oberoi. The top court heard arguments and reserved orders on May 17 last year.

Arguing that the corporation is superior to the Standing Committee, the petition said, “It would be appropriate for the functions of the Committee to be exercised by the Corporation in its meetings, till such time as the Committee can be properly and legally constituted.”

“The adjudication of the legality of the nominated persons’ appointments will directly and substantially impact the election of 12 out of 18 members of the Standing Committee, i.e. it will directly determine the special majority within it. Thus, the Standing Committee could not be constituted yet,” the petition added.

MCD passed a resolution in the House on January 15 this year saying that approvals for contracts with expenditures greater than ₹5 crore — including cases where approvals are routed through the Standing Committee — be given by the corporation. This has been done “to alleviate the situation and preserve the interests of the citizens in Delhi,” the plea added.

The opposition Bharatiya Janata Party (BJP) termed the transfer of power illegal and against the Delhi Municipal Corporation Act.

Delhi BJP general secretary Kamaljeet Sehrawat said that Oberoi’s petition has exposed that the AAP has no respect for the DMC Act, according to which the Standing Committee is a mandatory body that ensures transparency in the working of MCD, especially financial affairs. “This petition gives a political message that the Aam Aadmi Party knows it is not in a position to get a majority in the Standing Committee election as many of the AAP councilors will not vote for the party,” Sehrawat said.