The turf war between AAP and BJP in the Municipal Corporation of Delhi (MCD) expected to escalate following a Supreme Court verdict on the nomination of aldermen. This decision may further heighten tensions between the two parties.
New Delhi: The Supreme Court‘s recent ruling affirming the lieutenant governor’s authority to nominate aldermen to the Municipal Corporation of Delhi (MCD) could have significant implications for the civic body. The AAP, which currently governs the MCD, may encounter obstacles in securing funds from the standing committee, which will now include input from the nominated aldermen.
On Monday, the Supreme Court delivered a significant setback to the Delhi government by rejecting its appeal against the lieutenant governor’s (LG) power to nominate 10 aldermen to the MCD. The court ruled that the LG is not obligated to follow the advice of the council of ministers in this matter, as per the amended provisions of the Delhi Municipal Corporation (DMC) Act.
This verdict crucial given the AAP government’s consistent stance that the LG’s unilateral nomination of 10 aldermen to the 250-member MCD, without consulting the council of ministers, would impede the functioning of the civic body and its standing committee.
The decision, issued nearly 15 months after the order reserved, removes legal barriers to the MCD’s operations and allows for the formation of the standing committee. This committee responsible for approving projects related to civic amenities, infrastructure in various wards, and the mid-day meal scheme for school children.
The ruling, which will impact the strained relationship between the LG’s office and the AAP-led Delhi government, delivered by a bench consisting of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala.
They stated,
“The amended DMC Act of 1993 Expressly enables the LG to nominate persons with special knowledge to the corporation.”
Previously, the court had observed that granting the LG the power to nominate aldermen could destabilize a democratically elected MCD, as these aldermen are appointed to standing committees and possess voting power.
The Supreme Court also questioned the constitutional and legal basis for the LG’s authority to nominate aldermen without the elected government’s advice. The standing committee can approve financial proposals involving expenditures of Rs 5 crore or more. Although aldermen cannot vote in House meetings or mayoral elections, they play a critical role in electing standing committee members who control the MCD’s budget for projects over Rs 5 crore.
Due to the pending Supreme Court case, the MCD’s standing committee was not operational. The committee comprises 18 members, six of whom are directly elected by the civic body. The remaining 12 members are elected by an electoral college, including the 10 aldermen nominated by the LG.
Control over the municipal panel has been a contentious issue between the AAP-led civic body and the LG. The MCD 250 elected and 10 nominated members. In December 2022, the Aam Aadmi Party won the civic elections, securing 134 wards and ending the BJP’s 15-year dominance of the MCD. The BJP won 104 seats, while the Congress secured nine.
In January last year, LG V K Saxena nominated 10 aldermen to the MCD under the powers granted by the Delhi Municipal Corporation (DMC) Act, 1957.