Delhi MCD Mayor Election 2023: The Supreme Court is hearing a petition filed by AAP leader Dr Shelly Oberoi challenging LG’s decision to allow nominated members to vote in the election of MCD mayor and deputy mayor. The Chief Justice indicated the election yesterday itself.
He said that according to Article 243R of the Constitution, nominated councilors cannot vote. It is better to have an election as soon as possible. MCD’s lawyer Additional Solicitor General Sanjay Jain said that aldermen (nominated councilors) can vote.
Senior advocate Abhishek Manu Singhvi, appearing in the court on behalf of the Aam Aadmi Party, said that I will soon put two points before you. First thing – we are talking about the election of mayor in a municipality. Please see section 243R. Article 243R of the Constitution does not give voting rights to the Alderman. Para 1 says that the nominated person cannot vote. This act for this municipality for this election refers to it, that is section 3A.
Singhvi said that now look at the actual rules. First you elect the mayor and then the mayor presides over the rest of the meeting. The court should fix the date of the election. Whatever it is, they should hold elections. CJI DY Chandrachud said that prima facie, Article 243R shows that nominated members cannot vote. There will be a meeting tomorrow for the first election. The election of the mayor is to be held immediately.
Singhvi said that he twice canceled the election saying that the aldermen would vote. Sanjay Jain said that according to MCD, my understanding is that aldermen can vote. CJI asked to tell us on 243R whether aldermen can vote.
