Delhi Mayor Shelly Oberoi has petitioned the Supreme Court for immediate intervention to resolve the ongoing deadlock in the MCD. This predicament has arisen from the halting of the standing committee, the central executive authority of the MCD, owing to unresolved legal matters concerning the Lieutenant Governor’s nominations made without consulting the Delhi Government.
Delhi Mayor Shelly Oberoi has approached the Supreme Court, seeking an interim arrangement that would allow the Municipal Corporation of Delhi (MCD) to perform the functions of its Standing Committee. This move is in response to the ongoing delay in the committee’s formation due to a protracted political and legal battle.
The petition, filed by Advocate Shadan Farasat on behalf of Delhi Mayor Shelly Oberoi, underscores the urgency of the situation.
“The prevailing situation has affected a range of governance functions of the MCD, from the procurement of textbooks and medical supplies for MCD’s schools and health centers, to the maintenance of public parks, public toilets, and other amenities,”
the petition stated. This highlights the significant impact of the delay on essential civic functions and public services.
The crux of the issue lies in the composition of the MCD’s Standing Committee. The committee, which is the primary executive body of the MCD and controls its financial decisions, has been unable to form due to disagreements over the appointment of nominated members, known as aldermen. The Lieutenant Governor (LG) of Delhi, VK Saxena, nominated 10 experts as aldermen in January 2023, a decision that was challenged by the AAP, including Mayor Oberoi. The Supreme Court has heard the arguments and reserved its orders on this matter since May 17 last year.
The petition argues for the superiority of the corporation, which consists of all elected councillors, over the Standing Committee. It suggests that
“It would be appropriate for the functions of the Committee to be exercised by the Corporation in its meetings, till such time as the Committee can be properly and legally constituted.”
This proposal is aimed at ensuring uninterrupted governance and administration in the interim period.
To address the governance deadlock, the MCD passed a resolution on January 15 this year. The resolution stated that approvals for contracts with expenditures greater than ₹5 crore, which are usually routed through the Standing Committee, should be given by the corporation. This step was taken “to alleviate the situation and preserve the interests of the citizens in Delhi,” according to the plea.
However, this move has been met with criticism from the opposition Bharatiya Janata Party (BJP). Delhi BJP General Secretary Kamaljeet Sehrawat commented on the situation, stating,
“This petition gives a political message that the Aam Aadmi Party knows it is not in a position to get a majority in the Standing Committee election as many of the AAP councilors will not vote for the party.”
Sehrawat also accused the AAP of having no respect for the Delhi Municipal Corporation Act, which mandates the Standing Committee as a key body for ensuring transparency, especially in financial affairs.
This latest development in the Delhi Mayor Shelly Oberoi petition to the Supreme Court is a critical moment in the ongoing administrative and legal complexities within the MCD. It reflects the challenges in balancing legal procedures with the urgent need for effective governance in one of India’s most significant urban centers.
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