The Supreme Court on Wednesday observed that the Lieutenant Governor of Delhi with the power to nominate 10 aldermen to the Delhi Municipal Corporation (MCD), can effectively destabilise the democratically elected civic body as it reserved orders on Kejriwal government’s plea challenging the nominations of 10 ‘aldermen’ by the Lieutenant Governor bypassing it (the State government).

Heading a bench comprising Justice Pamidighantam Sri Narasimha, and Justice J B Pardiwala, Chief Justice D Y Chandrachud said, “There 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 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 LG.”

Appearing for the petitioner Aam Aadmi Party (AAP) led Delhi government, senior advocate Abhishek Manu Singhvi, told the bench that the nominations of aldermen had been made in the ward committees of the MCD where the BJP was weak.

Additional Solicitor General Sanjay Jain, appearing for the LG, said that “aid and advice” of the Delhi Government was not necessary while exercising a statutory power which was specifically conferred on the Administrator.

In the course of the hearing on Tuesday (May 16), the court had asked the Lieutenant Governor the “source of power” under the Constitution and the law to nominate 10 ‘aldermen’ to the MCD without the aid and advice of the elected government.

On May 11, a five-judge constitution bench 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, and Lt. 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 the AAP won the municipal elections, the LG appointed 10 ‘aldermen’ that were opposed by the Delhi government.

The Delhi government has sought the quashing of January 3 and 4 order by which the Lieutenant Governor had nominated 10 aldermen to the elected civic body thereby tilting the scales in favour of defeated BJP.

Delhi government had contended that the Lieutenant Governor had “illegally” nominated 10 aldermen to the Municipal Corporation on his own initiative, and not on the aid and advice of the Council of Ministers.

This is 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, the Kejriwal government had told the top court.

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,” the plea had said.