Special MCD session on standing panel powers, Delhi BJP cries foul

The 18-member standing committee is one of the most powerful bodies of the civic body as it controls the purse strings of the Municipal Corporation of Delhi

The Aam Aadmi Party (AAP)-led municipal administration has called a special session of House of councillors on Monday to discuss the issue of vesting powers of the standing committee in the House till the formation of the key panel. However, the opposition Bharatiya Janata Party (BJP) has termed the move illegal, demanding that the elections for the standing committee be held immediately.

The AAP won MCD elections in December 2022, but the corporation has been working without a standing committee since then. (PTI)

The 18-member standing committee is one of the most powerful bodies of the civic body as it controls the purse strings of the Municipal Corporation of Delhi (MCD).

HT had earlier reported how even a year after the elections were held, a complete policy paralysis continued in MCD with panel formation being stuck in a political and legal stalemate. The AAP won MCD elections in December 2022, but the corporation has been working without a standing committee since then.

The notice from the municipal secretary stated that the special meeting will discuss two issues — powers of the standing committee be vested in the House with immediate effect till the formation of the panel, and desealing of shops in local shopping centres.

Following the conflict between the ruling AAP and opposition BJP, only the first six members of the committee – which were chosen by MCD House – were elected, while the formation of 12 ward committees, one each for the 12 civic zones, are yet to be constituted even nearly a year after the MCD elections were held. Each ward committee sends one member to the standing committee. The point of contention here is the 10 aldermen – representatives nominated to the corporation – who have voting rights in the wards committee and they indirectly impact the members elected to the standing committee from 12 zones.

The AAP has challenged the nominations by the lieutenant-governor (L-G) before the Supreme Court, which reserved the judgment on May 17 last year. Until the court decides the matter, the ward committees are not being formed, and in turn, the standing committee’s constitution remains incomplete.

An MCD official said that due to non-formation of the standing committee, several categories of development projects, including biomining of landfill sites, layout plans for nearly 57 projects and many policy matters, are stuck. “The municipal commissioner has the power to clear proposals of up to ₹5 crore, but anything above that needs the standing committee’s approval,” official added.

Leader of opposition Raja Iqbal Singh said that the AAP’s move to usurp the standing committee’s powers is illegal and unconstitutional. “The Delhi Municipal Act, which has been passed Parliament, has no such provision that the House can takeover the powers of the standing committee. Both organs have their independent functions. AAP should hold the elections for standing committee as the Supreme Court has not issued any stay on the matter. The election needs elected councillors, nominated aldermen and legal clearance — all of which are in place,” he added.

HT reached out to the mayor’s office, but did not get a response on request for comment

Anil Gupta, former chief law officer in the corporation, said that under the Section 44 of the Delhi Municipal Corporation Act, 1957 there are three distinct authorities — the commissioner, 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. If the same argument is followed, the House should be able to abolish all panels and assume powers of the commissioner as well. It is not legally feasible,” he added.