Delhi Mayor Shelly Oberoi approached the Supreme Court (SC) seeking direction to the Municipal Corporation of Delhi (MCD) to exercise the duties of the standing committee in its meetings till such time when a panel could be properly and legally constituted, sources said here on Sunday.
The mayor, while arraying the Lieutenant Governor (LG) as a party in the petition before the Supreme Court, has contended that the work of the municipal corporation has come to a standstill in the absence of a standing committee.
The constitution of the MCD’s standing committee, its primary executive body, is pending adjudication of the legality of nominated members’ appointments in front of the SC.
The mayor sought the Supreme Court’s intervention to ensure the smooth functioning of the MCD through the corporation, till the standing committee is legally constituted. She also solicited the apex court to pass any other order or direction that the court may deem fit and appropriate in the interest of justice.
On May 17, 2023, the Supreme Court of India reserved judgment on the question of whether the lieutenant governor (LG) of Delhi has the authority to nominate aldermen to the MCD without the aid and advice of the Delhi government.
As per the Delhi Municipal Corporation Act 1957, the MCD standing committee consists of 18 members, a special majority of whom (12) are elected by members of the ward committees. The ward committees, in turn, include persons nominated by the LG on the aid and advice of the GNCTD who are entitled to vote in the Standing Committee elections.
“The MCD mayor reasoned in the petition that, in blatant disregard of the statute, the LG suo moto appointed the currently nominated individuals through orders dated 3.01.2023 and 4.01.2023 without the aid and advice of the Delhi Government. The legality of these appointments awaits the decision of the Government of NCT of Delhi. The Office of the Lieutenant Governor, where judgment was reserved on 17.05.2023,” the sources said.
“The determination of the legality of these appointments directly and significantly affects the election of 12 out of the 18 members of the Standing Committee, thereby directly influencing the attainment of a special majority. As a result, the standing committee remains unconstituted,” they said.
Stating the urgency of the situation, the mayor mentioned that while the court will pronounce its judgment at an appropriate time, the present issue is that the functions to be performed by the standing committee have come to a standstill.
These include granting approval for the commissioner of the MCD to enter into any contract involving an expenditure greater than Rs 5 crore; Granting approvals for any exercise of power entailing expenditure that would be incurred in the following year, beyond the current year; appointing MCD officers immediately subordinate to the municipal secretary or the municipal chief auditor and recommending to the MCD any revisions to budget grants within the year.
The MCD mayor affirmed that the prevailing situation has affected a range of governance functions of the MCD, from the procurement of textbooks and medical supplies for MCD’s schools and health centres to the maintenance of public parks, public toilets, and other amenities.
The mayor further stated in the petition that as per the mentioned provision, the Corporation stands as the highest authority within the MCD, responsible for overseeing its functions. Additionally, Section 44 of the DMC Act specifies that all municipal authorities are formed under the umbrella of the Corporation. Being thus the body superior to the Standing Committee, in both power and accountability, it would be appropriate for the functions of the Committee to be exercised by the Corporation in its meetings, till such time as the Committee can be properly and legally constituted.