SC questions 'tearing hurry' shown by Delhi LG in MCD elections amidst legislative concerns

The Supreme Court on Friday verbally questioned the "tearing hurry" shown by the Lieutenant Governor of Delhi in issuing directions for holding the elections for the sixth member of the Standing Committee of the Municipal Corporation of Delhi (MCD).

A division bench comprising Justices PS Narasimha and R Mahadevan questioned the haste shown by LG VK Saxena in holding the elections in the absence of MCD Mayor, and questioned the resort to Section 487 of the DMC Act by the LG.

The bench orally remarked that Section 487 is an executive power. "It is not to interfere with legislative functions. It's the election of a member. What happens to democracy if you keep interfering like this?" the bench verbally questioned.


The SC issued notice to the office of LG on a plea filed by MCD Mayor Shelly Oberoi challenging the election of the sixth member of the MCD Standing Committee held on September 27, and won by the BJP.

Posting the matter for resumed hearing after two weeks, the bench verbally told the counsel appearing on behalf of the LG that the elections for the chairperson of the Standing Committee should not be held in the meantime.Raising concern over the validity and legality of LG's powers, Justice Narasimha verbally remarked, "We think this is a matter where we have to issue notice, particularly in view of the manner in which the powers under Section 487 was exercised. We have serious doubts about the legality and validity of your powers."

The counsel for LG argued that the Mayor has contravened Section 128 of the Representation of People Act. The bench expressed that it has some reservations about the Mayor's conduct as well, but that does not take away from the need to scrutinise the LG's actions.