“Election Schedule Determined By The MCD Commissioner, and The Court Has No Authority To Intervene or Dictate It”: HC Declines to Postpone MCD Ward Panel Polls, AAP Councillors Withdraw Petitions

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Today, On 30th August, The High Court decided not to postpone the MCD ward panel elections, prompting AAP councillors to withdraw their pleas. The councillors sought a delay in the polls, but the court’s stance led them to reconsider their petitions. The decision clears the way for the elections to proceed as scheduled.

Two AAP councillors, On Friday, withdrew their petitions from the Delhi High Court, which sought to reschedule the Municipal Corporation of Delhi (MCD) ward committee elections. The withdrawal came after the court indicated it was not inclined to grant the relief they were seeking.

The councillors requested the rescheduling of the elections, arguing that they were not given adequate time to submit nominations for the positions of chairman and deputy chairman of 12 zonal ward committees, as well as for a member from each committee to the MCD Standing Committee.

The MCD ward committee elections scheduled for September 4, with the deadline for filing nominations set for August 30.

Justice Purushaindra Kaurav stated,

“The election schedule is determined by the MCD commissioner. The court does not have the authority to intervene and dictate how the commissioner should set the schedule. If you were sincere about participating, you should have approached the corporation instead of coming to the court. Your request is quite unusual, and I am not inclined to grant it.”

Following a nearly 45-minute hearing, with the court clearly not inclined to offer any relief, the counsel representing the two councillors requested permission to withdraw their petitions, which the court granted.

The judge reiterated,

“Yes, 100 percent, I am not inclined. There is no doubt about it.”

The petitions had been filed by AAP councillors Prem Chauhan of the Dakshin Puri ward and Tilotma Choudhary of the Dabri ward.

Chauhan explained that he was unwell and unable to participate, while Choudhary mentioned that she was out of Delhi and didn’t have enough time to complete the necessary arrangements and paperwork.

Senior advocate Rahul Mehra, representing Chauhan, argued,

“I am not requesting a lengthy postponement of the elections; I am merely asking for an additional two to three days.”

He emphasized the importance of “free and fair elections” and expressed his desire for “maximum participation.”

He added,

“I am a councillor and wish to contest in the polls. The nominations start today and end this evening. I am not well and need 2-3 days.”

He also pointed out that there are 250 councillors in the city.

The judge responded by stating that instead of approaching the court, Chauhan should have gone directly to the corporation to obtain the nomination form and informed them of his illness, suggesting that the commissioner might have accommodated him in some way.

The court emphasized that it cannot dictate to the corporation the timeline for the election process, as this is the responsibility of the MCD commissioner, who had already set the schedule.

On the preceding Thursday, AAP councillors had written to MCD Commissioner Ashwani Kumar and Mayor Shelly Oberoi, requesting a rescheduling of the ward committee elections, arguing that they were not provided with adequate time to file their nominations.

The corporation announced on August 28 that the long-pending ward committee elections would take place, which are crucial for the formation of the standing committee the MCD’s highest decision-making body. This standing committee plays a vital role in approving proposals involving expenditures of Rs 5 crore and above.

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