Nominated Members Are Not Allowed To Vote In Delhi Mayor Elections: Supreme Court

WHAT DID THE Court SAY?

• In Shelly Oberoi and Ors. v. Office of Lieutenant Governor of Delhi, the Supreme Court noted that the nominated members are not allowed to vote in the election of Mayor of Municipal Corporation of Delhi.
• A Three-Judge Bench of Justice DY Chandrachud, Justice Pamidighantam Sri Narasimha and Justice JB Pardiwala ended the ongoing controversy on the Delhi Mayor elections and denied nominated members from casting their voted in the said elections.

WHAT IS THE CASE ABOUT? 

• In this case, a petition was filed by Shelly Oberoi, an Aam Aadmi Party (AAP) leader seeking the interference of the Court in conducting the elections for the post of Mayor in Delhi which have been long stalled.
• The MCD elections were held last year in December but the elections for the post of Mayor were delayed due to the dispute between the AAP and BJP over whether or not to allow the nominated members to vote.

CONTENTIONS OF THE PARTIES: 

• The Counsel for the petitioner relied on Article 243R of the Indian Constitution and Section 3(3) of the Delhi Municipal Corporation Act 1957 (DMC), which clearly indicate that nominated persons cannot vote.    
• The Counsel for the respondents contended that there exists a distinction between meetings and the first meeting of the municipal corporation and that the nominated members are allowed to vote in the latter.

OBSERVATION OF THE COURT AND DECISION:

• The Ld. Court placed reliance on Article 243R of the Indian Constitution and Section 3(3) of the Delhi Municipal Corporation Act 1957 (DMC), to hold that nominated persons cannot vote.    
• The Court also noted that not only for the Mayor elections, but the nominated members cannot vote even in the elections for Deputy Mayor and Standing Committees. 
• Furthermore, the Court noted that the election of the Deputy Mayor will succeed the election of the Mayor.
• Accordingly, the appeal was allowed.

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