The Supreme Court on Monday said that the nominated members of the Delhi Municipal Corporation cannot vote in the election of Delhi’s mayor who presides over the meetings of the MCD House.
The question whether the nominated members could vote in mayor’s election has been a bone of contention between the AAP and the Delhi lieutenant governor.
A bench of Chief Justice D Y Chandrachud, Justice P S Narasimha and Justice J B Pardiwala, in the course of the hearing of two petitions – one from the AAP and the other from its mayoral candidate Shelly Oberoi, set the matter at rest.
CJI Chandrachud said, “Nominated members cannot go for election. The constitutional provision is very clear. Nominated members should not vote.”
Additional Solicitor General Sanjay Jain, appearing for the lieutenant governor, agreed to postpone the elections fixed for February 16 to a date after February 17.
Senior advocate Abhishek Manu Singhvi, appearing for the petitioners, said that Article 243R of the Constitution makes it very clear.
ASG Sanjay Jain, however, said there were some arguments on this. Senior Advocate Maninder Singh also said that it was an arguable issue.