GNCTD vs Delhi LG: SC reserves judgment on plea by Delhi govt challenging nomination of MCD members by LG

The plea filed by Delhi government has challenged the decision of the LG to nominate the members allegedly without the "aid and advice" of the elected dispensation and its council of ministers.

New Delhi: The Supreme Court on Wednesday reserved its verdict on a plea by the Arvind Kejriwal led Aam Aadmi Party government in New Delhi challenging Lieutenant Governor V K Saxena's move to nominate members in the Municipal Corporation of Delhi (MCD). Chief Justice DY Chandrachud in his oral remarks said that the LG if given the power to nominate the members can effectively destabilize the democratically elected MCD.

The hearing came five days after the Supreme Court said that the LG has to act as per the “aid and advice” of the council of ministers of the Delhi government while appointing the 10 aldermen to the MCD. CJI Justice DY Chandrachud while hearing the plea said that the LG by having the nomination powers can destabilize the elected MCD as the nominated members will have voting powers in the municipal corporation.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala is hearing the plea of the AAP government in Delhi. The Arvind Kejriwal government has filed the plea in the apex court through lawyer Shadan Farasat. In the petition, Farasat, on behalf of the Delhi government challenged the decision of the LG to nominate the members allegedly without the "aid and advice" of the elected dispensation and its council of ministers.

The AAP government alleged that the Lieutenant Governor has illegally appointed 10 nominated members to the Municipal Corporation of Delhi “on his own initiative, and not on the aid and advice of the Council of Ministers”. It said that “neither the DMC (Delhi Municipal Commission) Act nor any other provision of law says anywhere that such nomination is to be made by the administrator in his discretion”.

"This is the first time, such a nomination has been made by the LG completely bypassing the elected government, thereby arrogating to an un-elected office a power that belongs to the duly elected government," the plea said. While referring to the constitutional scheme pertaining to Delhi, it said that the word 'administrator' must necessarily be read as the administrator, who is LG here, acting on the aid and advice of the council of ministers.