Big Win For AAP In Supreme Court, Nominated Members Can't Vote For Mayor

The members of Delhi's civic body appointed by the Lieutenant Governor cannot vote in the election to choose a mayor, the Supreme Court said today, in what could possibly end the tussle between the Aam Aadmi Party and the BJP over choosing a mayor for the national capital.

The mayor election had been postponed thrice in over two months after the Aam Aadmi Party, or AAP, alleged the BJP tried to capture the civic body by electing a BJP leader to the mayor's post. The AAP had won far more seats than the BJP in the December election to the Municipal Corporation of Delhi, or MCD.

The council members, or aldermen, appointed by Lieutenant Governor VK Saxena had tried to vote in the last election, due to which the AAP protested and the house descended into chaos. The election was eventually postponed again. The aldermen would have added to the BJP's numbers, the party of Delhi Chief Minister Arvind Kejriwal had alleged.

The Supreme Court today said election to choose the deputy mayor can only be held after the mayor is elected.

"It needs to be emphasised that the mayor once elected will conduct the meetings (for the subsequent elections). Election of the mayor should be held first. The mayor will then preside over the meetings for the election of the deputy," Chief Justice of India DY Chandrachud said.

Mr Kejriwal tweeted the Supreme Court order "proved how the Lieutenant Governor and the BJP have been passing illegal orders in Delhi", a Union Territory. "Supreme Court's order is a victory of democracy. Many thanks to the Supreme Court. Delhi will now get a mayor after two and a half months. It has now been proved how the Lieutenant Governor and the BJP together are passing illegal and unconstitutional orders in Delhi," Mr Kejriwal tweeted in Hindi.

SC का आदेश जनतंत्र की जीत। SC का बहुत बहुत शुक्रिया। ढाई महीने बाद अब दिल्ली को मेयर मिलेगा।

ये साबित हो गया कि LG और बीजेपी मिलकर आये दिन दिल्ली में कैसे ग़ैरक़ानूनी और असंवैधानिक आदेश पारित कर रहे हैं

— Arvind Kejriwal (@ArvindKejriwal) February 17, 2023

AAP MP Raghav Chadha tweeted, "Delhi has won. The Lieutenant Governor should profusely apologise to the people of Delhi and resign with immediate effect. His actions and orders have violated the constitution repeatedly. BJP, which tried every dirty trick in the book to deny Delhi a mayor, stands thoroughly defeated today."

The AAP emerged as the clear winner in the MCD polls in December, winning 134 wards and ending the BJP's 15-year rule in the civic body. The BJP won 104 wards to finish second, while the Congress won nine seats.

Today's order by the Supreme Court bench also comprising Justices PS Narasimha and JB Pardiwala came on a request by the AAP's mayor candidate, Shelly Oberoi, who sought a direction for early conduct of the election and clarity on whether nominated members can vote.