New Delhi, Aug 5 (PTI) The Aam Aadmi Party on Monday said it "respectfully disagrees" with the Supreme Court decision upholding the Delhi lieutenant governor's right to appoint MCD aldermen and termed it a "big blow" to India's democracy, even as the BJP slammed AAP saying it has developed the habit of questioning anything done by the LG.
With the apex court ruling, the BJP may have an upper hand in the 18-member standing committee -- the highest decision-making body of the Municipal Corporation of Delhi (MCD). It has the power to approve proposals of more than Rs 5 crore.
The Congress, which has only nine councillors in the 250-member House of the civic body, can play a crucial role in electing members of the committee at zonal level where ten aldermen can vote.
The verdict, pronounced by the apex court on the Delhi government's plea after reserving it for nearly 15 months, came as a setback to the AAP government, which has been involved in frequent run-ins with the Centre-appointed lieutenant governor.
A bench of Chief Justice of India (CJI) D Y Chandrachud and Justices P S Narasimha and J B Pardiwala rejected the Delhi government's plea that the LG is bound to act on the aid and advice of council of ministers in nominating 10 aldermen to the MCD.
AAP Rajya Sabha MP Sanjay Singh said the SC verdict gives the LG the right to bypass the elected government.
"This is a big blow to India's democracy. By bypassing an elected government, all the rights are being given to the LG so that he can run Delhi with his diktat," he said, adding that they respectfully disagree with the decision of the apex court.
On its part, the BJP said that the AAP has developed the habit of questioning anything done by the LG.
At a press conference here, Delhi BJP president Virendra Sachdeva said the power to appoint aldermen to the MCD has been exercised by the LG for decades.
"However, the Aam Aadmi Party (AAP) has developed the habit of questioning anything done by the LG. We strongly condemn AAP MP Sanjay Singh's reaction to the SC verdict, which is a sign of his frustration and Naxalist ideology," charged the Delhi BJP president.
In December 2022, the AAP defeated the BJP in the MCD elections, ending the saffron party's 15-year rule. The AAP won 134 seats, the BJP 104 and the Congress nine.
In the 18-member standing committee, whose formation has been pending for long because the matter was in court, six members are elected by the House and 12 each from the MCD zones.
In 2023, the MCD House voted for three members each for the standing committee from both AAP and BJP. There was contestation over the fourth member, representing the BJP, and the appointment of the aldermen which threw the House out of order as opposition councillors exchanged blows and abruptly stalled proceedings.
After the SC ruling, the MCD will now hold fresh elections to elect the fourth member--- a deciding factor for AAP or BJP to have a majority in the standing committee. The previous 3-3 result can remain as it is, an official aware of the matter and part of the appointment process, told PTI.
If the 10 aldermen cast their votes in favour of BJP councillors to bring them to the standing committee in the zonal elections, the BJP may very well be able to turn the tide in its favour.
However, if the Congress party sides with AAP in the zonal elections or remains absent from the voting in the House, the picture may differ as AAP has a clear majority in the House.
Last year, the Supreme Court had said giving the LG the power to nominate aldermen to the MCD would mean he could destabilise the elected municipal body.
AAP leader Sanjay Singh said that in other states also, the governor approves the names but he does so on the recommendation of the government.
"In other states as well, there are nominated members and councillors, but the elected government sends their names and then the governor approves them.
"Why is this not the case in Delhi? Is there no elected government here? This decision is against the people of Delhi and the spirit of democracy,” he said.
He expressed confidence that AAP will win the upcoming standing committee elections. AAP leader and Delhi minister Atishi said the party will study the written order.
"We respectfully disagree with the decision because if an elected government is bypassed, the mandate of the people is bypassed, the majority of the MCD is changed and a nominated person makes decisions, I think it is a threat to the democracy," she said. PTI SLB SJJ VIT BUN RT RT