In a big jolt to the Aam Aadmi Party (AAP), the Supreme Court on Monday upheld the Delhi Lieutenant Governor’s decision to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD) stating that it is a statutory mandate that he must act as per it and not on the aid and advice of the Council of Ministers (Delhi government).
A bench comprising of Chief Justice D.Y. Chandrachud, Justice Pamidighantam Sri Narasimha, and Justice J.B. Pardiwala said that while nominating 10 aldermen to the civic body, the Lieutenant Governor is expected to act in accordance with the statutory mandate and not on the aid and advice of the Delhi government as was argued by the Kejriwal government.
The court made it clear that nominating 10 aldermen is a statutory power and not the executive power.
The judgment came more than a year after it was reserved on May 17, 2023. The Kejriwal government had approached the Supreme Court challenging the nominations of 10 ‘aldermen’ by the Lieutenant Governor to the Municipal Corporation Delhi.
Though the top court judgment has upheld the power of the Lieutenant Governor to nominate 10 aldermen, however, on May 17, 2023, when the judgment was reserved, the Chief Justice had observed in the course of the hearing that the Lieutenant Governor of Delhi with the power to nominate 10 aldermen to the Delhi Municipal Corporation, can effectively destabilise the democratically elected civic body’
CJI had said, “here is another way to look at it. Is the nomination of people, who have specialised knowledge in a local body affair, such a great concern to the Union of India? By giving this power to the LG, he can effectively destabilise the democratically elected MCD. They will have voting power. They can be placed anywhere, these ten members by the Lieutenant Governor.”
The Kejriwal government in its challenge to the nomination of 10 aldermen had said that the e nominations had been made in the ward committees of the MCD where the BJP was weak.
Earlier on May 11, 2023, while ruling that the Delhi government would have control over all services and officers serving under it barring those dealing with public order, police and land, had said that the Lieutenant Governor does not have an all-encompassing supervision over the administration of the national capital and will have to act on the aid and advise of the Delhi government.
After AAP won the municipal elections, the Lieutenant Governor appointed 10 ‘aldermen’ that were opposed by the Delhi government.
The Delhi government had sought quashing of order dated January 3 and 4, 2023 whereby the Lieutenant Governor had nominated 10 aldermen as nominated members of the MCD.
Arvind Kejriwal led Delhi government had told the top court that this was the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the Lieutenant Governor completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government, Arvind Kejriwal led Delhi government had said.