After much delay and political bickering, Delhi set to get mayor as SC paves way for poll

New Delhi, Feb 17 (PTI) After the MCD House's three failed attempts to elect a mayor and much political bickering among parties in two months since the civic polls, Delhi is set to get a mayor soon with the Supreme Court on Friday paving the way for holding the election.

Hearing a plea moved by the ruling Aam Aadmi Party's mayoral candidate Shelly Oberoi, who sought an early conduct of the election, the apex court also ordered the issuance of a notice within 24 hours for convening the first meeting of the Municipal Corporation of Delhi (MCD) to fix the date of election for mayor, deputy mayor and members of the standing committee.

Sources in the MCD told PTI that a letter proposing a "fresh date for convening a municipal House to hold the election for the post of mayor and others is expected to be sent to the LG by tomorrow evening".

The AAP had emerged as a clear winner in the December 4 polls, bagging 134 wards and ending the BJP's 15-year rule in the civic body. The BJP won 104 wards to finish second, while the Congress won nine seats in the 250-member municipal House.

According to the Delhi Municipal Corporation (DMC) Act, 1957, the mayor and the deputy mayor are to be elected in the very first session of the House after the civic polls.

However, it's been over two months since the municipal elections were held on December 4 and Delhi is yet to get a mayor.

The municipal House has witnessed unprecedented developments since January 6 when it had convened for the first time after the civic polls. It had adjourned following acrimonious exchanges between members of the BJP and the AAP.

The second House held on January 24 was briefly adjourned after the oath-taking ceremony and was later adjourned till next date by pro-tem presiding officer and BJP councillor Satya Sharma.

The adjournment had prompted councillors, 13 MLAs and three Rajya Sabha MPs of the AAP to sit on a "dharna" for nearly five hours in the chambers of the House -- Aruna Asaf Ali Sabhagar -- at the Civic Centre, demanding immediate polls.

Both BJP and AAP members had held each other responsible for the derailment of the proceedings.

The municipal House in Delhi then convened again on February 6 as the city hoped to get a mayor after much delay.

But, it had failed to elect a mayor for the third time in a row in a month, following ruckus over the decision to allow aldermen to vote in the mayoral poll, even as the AAP had alleged a "planned conspiracy" by the BJP to stall the process and said it would move the Supreme Court to seek a "court-monitored" election.

The petitioner, Oberoi, had moved the apex court on February 7.

The apex court had, on February 8, sought the responses of the lieutenant governor's (LG) office, MCD's pro-tem presiding officer Sharma and others on her plea.

The AAP on February 6 had alleged that the mayoral election could not be held as the BJP is "strangulating democracy and the Constitution of India", while the saffron party accused the Aam Aadmi Party of coming out with excuses to stall the mayoral poll.

Pro-tem presiding office Sharma had also announced that elections to the posts of mayor, deputy mayor and Standing Committee members will be held simultaneously, triggering protests from the AAP members, following which she had adjourned the House, for the third consecutive time.

Later, the AAP leaders had also demanded that the LG should ensure that the mayoral poll is conducted without any hinderance.

As the matter reached the court, a hopeful AAP has been expecting that their demand of a "court-monitored" election will be met.

A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala during a hearing on Friday directed that the election of the Delhi mayor shall be conducted at the first MCD meet and once elected, the mayor shall preside over the deputy mayor's election.

The Supreme Court on February 13 had observed that nominated members of the MCD cannot vote in a mayoral election even as the poll scheduled for February 16 after it was stalled thrice due to the AAP-BJP fight was postponed again.

The court then had also said the constitutional provision is "very clear" on the voting rights of nominated members.

Additional Solicitor General (ASG) Sanjay Jain, appearing for the office of Delhi lieutenant governor, had said that the February 16 poll would be postponed to a date after February 17.

Delhi Chief Minister Arvind Kejriwal on Friday termed the top court's order on mayoral poll a "victory of democracy" and claimed that it has proved how the Lt Governor and the BJP were passing "illegal and unconstitutional orders".

"SC order victory of democracy. Many thanks to SC. Delhi will now get a mayor after two-and-a-half months. It has been proved how the LG and the BJP together were passing illegal and unconstitutional orders in Delhi," Kejriwal tweeted in Hindi. PTI KND TIR TIR