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The Delhi High Court on Tuesday (November 5, 2024) refused to entertain a PIL seeking directions to the city government to enhance the funds allocated to MCD councillors to at least ₹15 crore each for carrying out various welfare activities in the national capital.
The Hight Court expressed surprise that members of the Legislative Assembly (MLAs) and Municipal Corporation of Delhi (MCD) councillors were approaching courts with their grievances and asked them to raise the issue in the House or before the public.
“The forum where you will agitate your grievance is before the House. This issue has to be raised in the House. Courts are not the appropriate forum for this issue. We cannot increase the budget…. Let the House pass the resolution by a voice vote. We do not decide how the budget is to be allocated or to be spent. How do we increase the allocation at the disposal of the MLC?” a Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela asked the petitioner’s counsel.
After some arguments, the counsel for petitioner Sonali, an MCD councillor from the Sidhartha Nagar ward, sought to withdraw the public interest litigation (PIL) plea and the prayer was allowed.
“I am not getting the budget for the Delhi High Court. Do you think I can get that for this? Raise this issue before the House and the public. You are a public representative,” the chief justice said.
PIL on insufficient funding
The PIL had raised concerns about insufficient funding for MCD councillors, claiming that it has hindered their ability to perform statutory duties.
“This lack of resources has resulted in the decline of essential public services, including the maintenance of parks, schools, dispensaries, roads and community services, adversely impacting the citizens of Delhi,” it had said.
The plea had sought directions to the Delhi government and the MCD to make the allocated funds available to the councillors at the earliest so that the amount may be utilised for the welfare activities of the general public.
It had further sought an appropriate mechanism by which the allocated funds of the councillors for their respective wards might be enhanced from time to time, looking at the requirements of the public.
The plea had said the failure to maintain public facilities and provide adequate funding violates the right to life under Article 21 and right to education under Article 21A of the Constitution.
“The deteriorating state of public health, safety and infrastructure directly threatens citizens’ fundamental rights. While MLAs receive ₹15 crore annually, MCD councillors are allocated only ₹1 crore per year, an amount unchanged for decades. This funding disparity undermines the functioning of local governance,” it had said.
Published – November 05, 2024 05:04 pm IST