SC notice to Delhi LG on govt plea over aldermen appointments in civic body

The petition of the Delhi government seeks the quashing of LG’s orders dated January 3 and 4 whereby he nominated 10 aldermen to MCD after the AAP won the municipal elections on December 7, 2022.

The Supreme Court on Wednesday sought a response from the office of Delhi’s lieutenant governor (LG) VK Saxena over the nomination of 10 aldermen in the Municipal Corporation of Delhi (MCD) House.

Delhi LG VK Saxena (HT Photo)

A bench headed by Chief Justice of India Dhananjaya Y Chandrachud and comprising justices PS Narasimha and JB Pardiwala issued a notice to the LG office and posted the matter for hearing next on April 10.

Senior counsel Abhishek Manu Singhvi, appearing for the Aam Aadmi Party (AAP) government in Delhi, argued that the LG could not have appointed the aldermen on his own since his office not been vested with any discretionary authority to make nominations to MCD under either a constitutional provision or any statutory provision.

The petition of the Delhi government seeks the quashing of LG’s orders dated January 3 and 4 whereby he nominated 10 aldermen to MCD after the AAP won the municipal elections on December 7, 2022.

The Delhi government’s plea stated that it was the first time since Article 239AA came into effect in 1991 that such a nomination was made by the LG, completely bypassing the elected government, “thereby arrogating to an unelected office a power that belongs to the duly elected government.”

According to the petition, the only two courses of action open to the LG were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. “It was not open to him to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea added.

The Delhi government has sought a direction to nominate members to MCD in accordance with the aid and advice of the Council of Ministers to the LG.