The Supreme Court, on Wednesday, issued notice to Delhi Lieutenant Governor (LG) Vinai Saxena on nominating 10 aldermen in the Municipal Corporation of Delhi (MCD), on a petition by the Delhi government.
After issuing the notice, a bench comprising Chief Justice D Y Chandrachud, Justice P S Narasimha and Justice J B Pardiwala posted the matter for hearing on April 10.
The Delhi government has asserted that it is its right to nominate aldermen and not the LG. The nominated members of the MCD can be appointed on the aid and advice of the Council of Ministers.
It sought direction “to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers.”
“It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word “Administrator” must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers,” says the Delhi government’s plea.
In the present case, the LG has not been vested with any discretionary authority to make nominations to the MCD under either a constitutional provision, or any statutory provision, the Aam Aadmi Party said.
“Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea added.