Supreme Court denied to postpone MCD elections

Supreme Court denied to postpone MCD elections

On December 2, the Supreme Court disregarded as infructuous the petition challenging the Delhi High Court's refusal to stay the Municipal Corporation of Delhi (MCD) elections scheduled for December 4."Passage of time has made the petition infructuous as the election is in 3 days."

According to Sanjay Gupta's petition, the State Election Commission arbitrarily reserved Municipal wards for voters from Scheduled Castes. According to some, the reservation order contains legal flaws and defeats the purpose of inserting Article 243T into the Indian Constitution.

"The base for delimitation of the wards in the 2017 and 2022 is same (i.e. the census of 2011) and the formula for reservation of the wards in the year 2017 and 2022 is also same (i.e taking the highest percentage of Schedule Castes in descending order) and due to said repeated formula the Municipal wards remains un-rotated and still remains reserved in 2022 for Scheduled Castes population for the MCD election," the plea adds.

The Delhi High Court refused to stay the November 9, 2022 MCD elections. The Division Bench of the High Court stated that once an election notification is published, it cannot be stayed by the Court. The High Court, on the other hand, issued notice in three petitions filed by the National Youth Party, one Sanjay Gupta, and a resident welfare association, which challenged the civic body's ward delimitation. Previously, the Delimitation Committee completed the exercise and submitted a draught report to the Centre on August 25.

Following that, on September 10, the Centre issued a notification creating 250 seats in the Municipal Corporation, 42 of which were reserved for Scheduled Caste members. Following that, a public notice was issued, inviting the public and others to submit suggestions or objections to the Draft Delimitation by October 3. On October 17, the Ministry of Home Affairs issued the final notification.

Case Title: National Youth Party v. UoI And Anr.

Citation: SLP(C) No. 21124/2022


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