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What next for Delhi civic body after mayor poll postponed?
The mayoral polls were scheduled for Friday, but LG VK Saxena declined to appoint a presiding officer for the elections without inputs from CM Arvind Kejriwal.
A day after lieutenant governor VK Saxena declined to appoint a presiding officer for Delhi’s mayoral elections, postponing the poll process, Municipal Corporation of Delhi (MCD) officials on Friday said they will now have to initiate a fresh round of circulating a file for the appointment.
The mayoral polls were scheduled for Friday, but Saxena declined to appoint a presiding officer for the elections without inputs from chief minister Arvind Kejriwal, who has been incarcerated for over a month.
With the polls now directly linked to inputs from Kejriwal, the civic body may be staring at a long-term delay in fresh elections.
Senior municipal officials aware of the poll process said the elections have only been postponed —not cancelled, as is being alleged by political leaders. “The five nominations — two for the mayor’s post and three for deputy mayor — which are in place, continue to be valid, and new nominations will not be sought. However, the file for nominating a presiding officer will need to be started afresh. This can only be done when conditions change in terms of access to the chief minister,” an official said, on condition of anonymity.
Read more: Ruckus in Delhi's MCD after delay in mayor polls
In the meantime, the officials said, incumbent mayor Shelly Oberoi will continue to exercise her powers. “During the period in which the model code of conduct is in place, no policy decision can be taken, but the house can be called by mayor, and she can exercise all powers vested in the position,” the official quoted above said.
The official said that the situation can change if the courts intervene in the matter, the chief minister is released, or if a new chief minister is appointed. “The file for a new presiding officer can be moved only in these conditions,” the official said.
AAP MCD in-charge Durgesh Pathak, in a press conference on Friday, said that the party is taking legal opinion and may approach the court to resolve the current impasse.
The BJP, meanwhile, blamed the AAP for the current situation, with leader of opposition in MCD Raja Iqbal Singh accusing the AAP of not following the constitutional process to hold the elections.
Read more: Uproar in MCD House over postponement of mayoral polls in Delhi
Anil Gupta, the former MCD chief law officer, said that as per the Delhi Municipal Corporation (DMC) At, the mayor is elected for a period of one year and the act cannot be amended simply through a letter from the administrator. “This year, the post is reserved for a member from the Scheduled Caste community. If the tenure of the existing mayor continues for an extended period of time, will it not be a clear violation of reservation provision and DMC Act? They are now operating in legally grey area and courts may have to intervene if these orders are challenged,” he said.
