Ex-MCD Mayor Shelly Oberoi Withdraws Plea In Supreme Court Challenging Standing Committee Election
The Supreme Court recently allowed a withdrawal of a petition filed by Shelly Oberoi, former Mayor of the Municipal Corporation of Delhi (MCD), challenging the election of the 6th member of the MCD standing committee held on September 27, 2024, which was won by the Bharatiya Janata Party (BJP).
A bench comprising Justice PS Narasimha and AS Chandurkar passed order in this regard on October 9.
Shelly Oberoi's term had ended in November 2024. Raja Iqbal Singh of the BJP took charge as the new Mayor in April this year.
During the past hearing in October 2024, the Court had questioned the manner in which the Lieutenant Governor of Delhi issued directions in "tearing hurry" for holding the elections. The bench said that though it was also initially of the view that the Article 32 petition was not maintainable, there are some serious issues which require consideration.
The Delhi Mayor filed the petition claiming that the Standing Committee election was held on the basis of the directions of the Lieutenant Governor and the Municipal Commissioner, an IAS officer, convened the meeting.
As per her, this was illegal as only the Mayor of the MCD can decide the date, time and venue for the corporation meeting where the Standing Committee election takes place.
Reference was made to Regulation 51 of Delhi Municipal Corporation Procedure and Conduct of Business Regulations 1958 to state that the election for the Standing Committee must take place in a corporation meeting presided over by the Mayor. Further, Regulation 3 (2) specifies that the date, time, and venue for such meetings can only be decided by the Mayor. It is stated that Section 76 of the DMC Act specifies that the presiding officer for these meetings must be the Mayor or in her absence, the Deputy Mayor.
However, instead of an elected Mayor, an IAS Officer was made the Presiding Officer of the meeting, which, the petitioner contends, is grossly illegal and unconstitutional.
The vacancy of the 6th Member arose due to the election of BJP's Kamaljeet Sehrawat to the Lok Sabha.
Case Details: SHELLY OBEROI Versus OFFICE OF LIEUTENANT GOVERNOR OF NCT OF DELHI AND ORS., W.P.(C) No. 649/2024