Delhi mayor polls: Relief for AAP, Supreme Court says aldermen cannot vote

Delhi MCD mayor election: Supreme Court's order is critical since elected councillors may be disqualified if they are unable to vote for a new Mayor of Delhi by February 24.

The Supreme Court on Friday said Municipal Corporation of Delhi members nominated by the Lieutenant Governor - or aldermen - cannot vote in mayoral polls, handing the Aam Aadmi Party a boost as it bids to cement the December election win by claiming the mayor's post.

Delhi MCD mayor election: Supreme Court on Friday said aldermen could not vote in Delhi mayoral polls, thereby handing the AAP a big boost. (ANI)

"We have heard both parties. We are unable to accept submission on behalf of the Municipal Corporation. Constitution has imposed restriction in terms of which nominated members do not have right to vote. Prohibition on nominated members in exercise of right to vote applies on first meeting," the court said.

A bench of chief justice DY Chandrachud and justices PS Narasimha and JB Pardiwala also said notice for the election must be given within 24 hours.

"Notice for election of mayor and first meeting of the MCD shall be issued within 24 hours and notice shall fix date at which elections of mayor, deputy mayor and standing committee members shall be held," the court added.

The bench was hearing a plea filed by the AAP's mayoral candidate, Shelly Oberoi, seeking early conduct of the election.

The court also said the newly-elected mayor will then preside over a meeting to elect a deputy and six members of a Standing Committee members. Aldermen will not be allowed to vote in this election either, the court said

On February 8 - the court had sought responses from LG VK Saxena's office; Satya Sharma, the MCD's pro-tem presiding officer; and others on Oberoi's plea.

Delhi chief minister Arvind Kejriwal tweeted in Hindi shortly after the Supreme Court's ruling and called it to be a 'victory of democracy'.

"Many thanks to the Supreme Court. Delhi will now get a mayor after two-and-a-half months," he said, declaring, "It has now been proved how LG and the BJP together are passing illegal and unconstitutional orders in Delhi."

There have been three attempts in two months to elect a new mayor, with each leaving the House in chaos and disarray as lawmakers from the AAP and the Bharatiya Janata Party fought over allowing aldermen voting privileges.

READ | AAP to move SC after third failed attempt to elect Delhi mayor

The AAP claimed a big win in December, securing 134 of 250 wards to end the BJP's 15-year stranglehold over the Delhi municipal corporation.

READ | AAP wins 134 seats in MCD poll, ends BJP's 15-year reign

Given its strength in the House, the AAP was expected to have no trouble in installing its mayor, but the row over allowing members nominated by LG VK Saxena to vote stalled proceedings and led to clashes with the BJP

The AAP claimed the aldermen - 10 of them - would have increased the BJP's tally of votes, and that it was against the rules to simultaneously hold elections for the post of mayor, deputy mayor and members of the standing committee, as had been ordered by the presiding officer.