New Delhi: The Supreme Court on Friday expressed its strong discontent with the "tearing hurry" on the part of the Lieutenant Governor's office to exercise executive powers to hold the election for the sixth member of the Municipal Corporation of Delhi's Standing Committee.
The bench told the counsel, representing LG's office, "we will view it seriously if you hold an election for the MCD Standing Committee chairman", and questioned what happens to democracy if you interfere like this?
A bench comprising Justices P S Narasimha and R Mahadevan asked the LG's office to not hold elections for the post of chairman of the Standing Committee till it hears a plea filed by the Mayor Shelly Oberoi against the September 27 Standing Committee polls.
The top court told senior advocate Sanjay Jain, representing the LG's office, “We will view it seriously if you hold an election for the MCD Standing Committee chairman."
The bench said that initially it was not keen to entertain this petition but it will issue notice because of LG's decision to exercise his powers under Section 487 of the Delhi Municipal Act.
The bench told the LG's office counsel that it is not good for democracy, if his client starts using executive powers under Section 487 of the DMC Act, and asked, how can you interdict the electoral process?
The bench asked "what was the tearing hurry" in holding the elections in the absence of the MCD Mayor, while questioning the use of Section 487 of the DMC Act by the LG.
During the hearing, Jain raised a preliminary objection to the maintainability of the petition. He argued that a challenge can be raised only in an election petition.
The bench said it is of the opinion that this is a matter where it will have to issue notice, particularly in view of the manner in which the powers under Section 487 was exercised. "We have serious doubts about the legality and validity of your powers," noted the bench.
"What is the tearing hurry (to hold the elections)? What is the hurry?....”, said the bench. The bench asked the counsel, for the LG's office, where does he get the power to interdict all this under Section 487? “It's the election of a member. What happens to democracy if you keep interfering like this?", said the bench.
The top court issued notice to the office of the Lieutenant Governor of Delhi on the petition filed by Municipal Corporation of Delhi Mayor Shelly Oberoi challenging the election of the 6th member of the MCD standing committee held on September 27, which was won by the Bharatiya Janata Party (BJP). The apex court sought a response from the LG's office in two weeks and scheduled the matter for further hearing after the court's Dussehra break.
