SC says Delhi LG has power to appoint aldermen to MCD, setback for AAP

SC says Delhi LG has power to appoint aldermen to MCD, setback for AAP

New Delhi : 5 August 2024 ; The Supreme Court Monday upheld the validity of Delhi Lieutenant Governor’s (L-G) move to nominate 10 aldermen in the Municipal Corporation of Delhi (MCD) without the aid and advice of the Council of Ministers.

A Bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala pronounced its verdict on a plea by the Aam Aadmi Party (AAP) government challenging the appointments made by L-G V K Saxena. The apex court had earlier reserved its verdict in the matter on May 17, 2023.

The judgement is expected to resolve the protracted impasse over the constitution of the MCD’s Standing Committee and have a crucial bearing on the functioning of the civic body in the coming days.

In January last year, Saxena had appointed 10 aldermen to the MCD without the aid and advice of the Delhi Council of Ministers. This led to a major row Delhi CM Arvind Kejriwal-led party and the BJP which rules the Centre.

All 10 members nominated by the L-G were BJP members which led the AAP leaders to accuse the BJP of allegedly trying to control the MCD without securing a majority.

The L-G did so under the powers granted to him by the Delhi Municipal Corporation Act, 1957 which mandates the administrator (Lt Governor) to appoint people with special knowledge or experience in municipal administration to assist the House in taking decisions of public importance

 

Prior to these appointments, AAP defeated the BJP, which had been ruling the MCD for 15 years, in the December 2022 civic polls. They won 134 seats as against the 104 of the BJP in the 250-member House.