HC stays re-election of 6 MCD standing committee members for norm breach

In a relief to the Bharatiya Janata Party, the Delhi high court Saturday stayed re-election for six members of the standing committee of the Municipal Corporation of Delhi scheduled for February 27, saying the mayor prima facie acted beyond her powers in ordering a fresh poll.

Justice Gaurang Kanth, in a special hearing held on a court holiday on two petitions by BJP councillors against the re-election, said the governing norms do not reflect the Delhi mayor has the authority to declare the earlier election null and void and conduct the re-election without announcing the results of the previous poll held on February 24.

The court said prima facie the mayor's action was in violation of the applicable regulations.

“This court prima facie finds that the elections have been conducted and the results have not been declared yet and no purpose would be served by conducting fresh election on February 27. In view of the same, notice for holding re-election on February 27 shall be stayed till the next date of hearing,” said the court while listing the petitions by Kamaljeet Sehrawat and Shikha Roy for hearing in March end.

The counsel for the mayor told the court that she had no other alternative but to declare the earlier poll as null and void as the process was vitiated due to the unruly behaviour of the members.

The lawyer also alleged the mayor did not get adequate cooperation from the member secretary and technical experts.

Mayor Shelly Oberoi, who was the returning officer for the election, had on February 24 announced fresh polling for electing six members of the MCD standing committee on February 27 at 11 am amid clashes between the councillors of the BJP and the AAP in the municipal House.

BJP councillors staged protests and created ruckus in the House after Oberoi declared a vote cast during the election on Friday invalid.

Oberoi had barely started announcing the results when the ruckus began during which a councillor even ripped off the mayor's microphone.

The petitioners contended in the high court that the mayor ordered a fresh election without declaring the result of the poll held on February 24 in violation of regulation 51 of Delhi Municipal Corporation (Procedure & Conduct of Business) Regulations, which contains the prescribed procedure.

The petition filed by Roy through advocate Neeraj said the poll was “conducted in a peaceful manner” and there was “no occasion for the mayor to recall the elections”.

Justice Kanth issued a notice to the RO, the Delhi government, Delhi Lieutenant Governor and MCD on the two pleas challenging the decision to hold re-election and granted them two weeks to file their response while observing that prima facie the decision to hold a re-election in the present case was in violation of the regulation.

“Prima facie it appears that the respondent no. 4 (mayor) is conducting the re-election on February 27 without declaring the result of the election conducted on February 24, which is in violation of regulation 51...From the perusal of regulation 51, it is nowhere reflected that the RO/mayor has the authority to declare an election of the standing committee null and void,” said the judge.

The court also observed that under the regulations, the RO is obligated to preserve the ballot paper but the counsel for the mayor said ballot papers and boxes have been “violated”.

The court also noted that a petition concerning the elections to the MCD standing committee is already pending adjudication.

BJP councillor Sharad Kapoor had approached the high court on February 24 alleging that the mayor defied the established norms and propriety by allowing mobile phones and pens during the voting for election of the members of MCD standing committee held on February 22.

In his petition, Kapoor alleged that Oberoi "defied every constitutional and statutory norm" and "betrayed the mandate of Constitution by allowing mobile phones and pens in the election proceedings".

The MCD House had witnessed ruckus on February 22 as well with members of the BJP and the AAP exchanging blows and hurling plastic bottles at each other.

The House was again rocked by clashes after fresh elections were held on February 24, and mayor Oberoi subsequently alleged that a few members of the saffron party made a life-threatening attack on her.

At a press conference, she alleged her colleague Ashu Thakur was also attacked by a BJP councillor.

AAP MLA Atishi alleged Thakur was held by her scarf and dragged from the dais to one of the exit gates of the House.

"We will go to the Kamla Market Police Station and lodge a case of life-threatening attack on Mayor Shelly Oberoi and our other women councillors," Atishi had said.