LG can effectively destabilise elected MCD by nominating members, says SC; reserves order on plea against nomination of ‘aldermen’

New Delhi [India], May 17 (ANI): The Supreme Court on Wednesday reserved its order on the plea of the Delhi government challenging the nomination of 10 ‘aldermen’ by the Lieutenant Governor to the Municipal Corporation of Delhi (MCD).

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala hearing the case orally remarked that LG, with the power to nominate members to the MCD, can effectively destabilise the democratically elected MCD.

“There is another way to look at it. Is the nomination of people who have specialised knowledge in a local body such great concern to Union of India? By giving this power to the LG, he can effectively destabilise the democratically elected MCD. They will have voting power. They can be placed anywhere, these ten members by the LG,” the bench observed.

Senior advocate Abhishek Manu Singhvi, appearing for the AAP government, told the apex court that the nominations had been made in the ward committees of the MCD where the BJP was weak.

Additional Solicitor General Sanjay Jain, appearing for the LG, said that “aid and advice” of the Delhi Government was not necessary while exercising a statutory power which was specifically conferred on the Administrator.

Yesterday, the apex court asked the Lieutenant Governor about his “source of power” under the Constitution and the law to nominate 10 ‘aldermen’ to the MCD without the aid and advice of the elected government.

Recently a five-judge Constitution bench held that control over services, with some exceptions, comes under the Delhi government in the national capital.

After Aam Aadmi Party (AAP) won the municipal elections, the LG appointed 10 ‘aldermen’ that were opposed by Delhi government.

The petition of the Delhi government sought the quashing of order dated January 3 and 4 whereby the LG nominated 10 persons as nominated members of the MCD.

Lieutenant Governor has “illegally” appointed 10 nominated members to the Municipal Corporation of Delhi on his own initiative, and not on the aid and advice of the Council of Ministers, the plea stated.

This plea also said that is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the Lieutenant Governor completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government.

It sought direction “to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers.”

“It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word “Administrator” must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers,” the plea added.

In the present case, the Lieutenant Governor has not been vested with any discretionary authority to make nominations to the MCD under either a constitutional provision, or any statutory provision, the Aam Aadmi Party said.

“Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea added.