SC issued notice to offices of Delhi LG and Protem presiding officer of the MCD in a petition filed by AAP for urgent completion of mayoral elections of MCD

SC issued notice to offices of Delhi LG and Protem presiding officer of the MCD in a petition filed by AAP for urgent completion of mayoral elections of MCD

In a case filed by Aam Aadmi Party (AAP) mayoral candidate Dr. Shelly Oberoi and AAP for the expedited conclusion of MCD mayoral elections, the Supreme Court of India served notice to the offices of the Delhi Lieutenant Governor and the Pro tem presiding officer on January 8. A bench made up of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was presented with the case. 

The petitioner's senior attorney, Dr. AM Singhvi, presented the following arguments today: 

1. Although elections for the positions of mayor, deputy mayor, and members of the standing committee were scheduled for December 4, 2022, none have yet been held;

2. The Indian Constitution's Article 243R prohibits nominated members from casting ballots. Therefore, it is unlawful to allow nominated members to cast ballots in the elections for the positions. 

3. According to Section 76 of the DMC Act, the mayor and deputy mayor are required to preside over all meetings. As a result, it is against the DMC Act to hold elections for the mayor, deputy mayor, and members of the Standing Committee all at once.

Case Title: Shelly Oberoi And Anr. v. Office of Lieutenant Governor of Delhi And Ors.
Citation: WP(C) No. 152/2023 PIL

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