AAP to challenge ‘undemocratic’ MCD panel poll in apex court: CM

CM Atishi, while addressing a press conference on Saturday, said the the BJP has no regard for the Constitution.
| Photo Credit: SHASHI SHEKHAR KASHYAP

Chief Minister Atishi on Saturday said Aam Aadmi Party (AAP) will approach the Supreme Court against the election held a day earlier to fill the lone vacant position in the 18-member Standing Committee of the Municipal Corporation of Delhi (MCD).

The CM also termed the poll “illegal and “undemocratic”, accusing Lieutenant-Governor V.K. Saxena of trampling upon the Mayor’s authority by calling the election and appointing a Presiding Officer for it.

Reacting to it, Delhi BJP president Virendra Sachdeva said the CM’s remarks were “driven by political self-interest” and aimed at “spreading confusion”.

The election was held on Friday on the directions of the L-G, who had overruled Mayor Shelly Oberoi’s order of adjourning the MCD House on September 26, the day the poll was originally scheduled to take place.

The Mayor had adjourned the House till October 5 amid defections in AAP ranks as its three councillors joined the BJP a day before the poll, bringing the ruling party’s headcount in the MCD House to 124 in the 250-member House. 

AAP had boycotted the election while the Congress abstained from voting, handing the BJP candidate unopposed victory, which gave the party control over the key MCD panel, the civic body’s decision-making arm that has executive powers to grant approval to projects worth over ₹5 crore.

Now, the BJP has 10 members in the MCD panel against AAP’s eight.

‘Murder of democracy’

The BJP’s win has resulted in a precarious situation wherein AAP, which had won the civic body poll in December 2022, will run the MCD House but the BJP will control its key panel.

Commenting on it, Ms. Atishi said the BJP has no regard for the Constitution or rules, and it is not bothered about damaging democracy.

“The country runs by the Constitution and laws, not by hooliganism. So, the BJP should stop murdering democracy,” she said, adding that the election was held in violation of the Delhi Municipal Corporation (DMC) Act, 1957.

The CM also slammed Mr. Saxena, saying it is the Mayor’s prerogative to convene the MCD House. “Section 76 of the DMC Act clearly states that whenever there is a meeting of the corporation, the Mayor will preside over it and if the Mayor is absent, the Deputy Mayor will preside over it,” she said.

“The L-G does not have the power to call MCD House. Yet, he gives the order, and the MCD Commissioner obeys that order. Instead of the Mayor and Deputy Mayor, he makes an IAS officer the Presiding Officer,” she added.

‘AAP didn’t want poll’

Mr. Sachdeva said under Section 45 of the DMC Act, the formation of the panel is mandatory.

“Under Section 487, the L-G and the Municipal Commissioner have the authority to convene a meeting of the corporation under special circumstances and they can appoint a Presiding Officer for the meeting,” he said.

He claimed that AAP did not want the election to take place, and the poll happened due to a Supreme Court order and pressure from the High Court. “The CM should explain why the MCD had in an affidavit assured the High Court that the process of constituting the panel would be completed by the last week of September,” he said.