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Synopsis

The Supreme Court on Friday, October 4, issued a notice on a plea filed by Shelly Oberoi, the Mayor of the Municipal Corporation of Delhi (MCD), challenging the election of the sixth member of the MCD standing committee.

The bench, headed by Justice PS Narasimha and Justice R Mahadevan, while condemning Vinai Kumar Saxena, the Delhi Lieutenant Governer for invoking emergency provisions under Section 487 of the Delhi Municipal Corporation Act (DMC), asked the LG to not conduct any elections until the petition is heard after two weeks.

''Where do you derive the authority to intervene in the election under Section 487, particularly when it involves the election of a standing committee member?" the bench remarked.

Court further asked what was the tearing hurry that required action within two days by the LG. "How can the democratic process function if you continue to interfere in this manner?", it added.

The bench was dealing with a petition filed by Shelly Oberoi, which deemed the election of the sixth member of the MCD standing committee 'unconstitutional.' Court was initially of the view that the matter was brought before the bench out of habit. However, the bench later acknowledged the seriousness of the matter and further raised questions regarding the authority of LG to invoke emergency provisions under Section 487.

During the hearing, Senior Advocate Abhishek Manu Singhvi, appearing for Shelly Oberoi, highlighted his concerns pertaining to the election of the standing committee chairman. 

He further requested the bench to ensure that the LG does not exhibit the same urgency in notifying the election of the standing committee chairman.

On the other hand, Senior Advocate Sanjay Jain, representing Delhi's Lieutenant Governor, objected to Shelly Oberoi's petition and questioned its validity. Jain argued that the petition was not maintainable and that the proper way to challenge the September 27 election was by way of an election petition.

While the court upheld the LG's right to question the validity of the present petition, the court emphasized that the LG must also provide a valid reason for using the powers granted under Section 487.

Background

On October 1, Shelly Oberoi, through Advocate Prateek K. Chadha, filed a petition before the Supreme Court. The petition claimed that the election of the sixth member of the MCD standing committee was “unconstitutional” and a “blatant violation” of the rights of elected representatives, as it violated the DMC Act.

Notably, on September 27, the election for the sixth member of the MCD standing committee was held, wherein Bharatiya Janata Party's (BJP) Sunder Singh secured the last vacant seat of the 18-member MCD panel.

In the election, the BJP's Sunder Singh got all 115 votes of BJP councillors, while the AAP's (Aam Aadmi Party) Nirmala Kumari did not receive any votes.

This election arose due to a vacancy left by BJP councillor Kamaljeet Sehrawat, who was elected to the Lok Sabha.

Case Title: Shelly Oberoi Versus Office of Lieutenant Governor of NCT of Delhi and Ors, W.P.(C) No. 649/2024

[Inputs- Hindustan Times]