Delhi LG has power to nominate 'aldermen' in civic body, rules Supreme Court

The verdict of the top court came on a plea of the Delhi government challenging the nominations of 10 aldermen by LG to MCD. FIle pic

In a setback to the Aam Aadmi Party (AAP), the Supreme Court on Monday, August 5, upheld the Delhi Lieutenant Governor's decision to nominate 10 'aldermen' to the Municipal Corporation of Delhi (MCD).

The judgment passed by the bench of Chief Justice of India DY Chandrachud and Justices Narasimha and JB Pardiwala stated, "As it was a statutory power and not an executive power, LG was expected to act as per the statutory mandate and not as per the aid and advice of the council of ministers of the Delhi Government."

The verdict of the top court came on a plea of the Delhi government challenging the nominations of 10 aldermen by LG to MCD. Last year in May, the apex court had said that giving LG the power to nominate aldermen to MCD would mean that he could destabilise an elected civic body. It had reserved the judgment in the case. MCD has 250 elected and 10 nominated members.

In December 2022, the AAP defeated the Bharatiya Janata Party (BJP) in MCD elections, ending the saffron party's 15-year rule. AAP won 134 seats, BJP 104 and the Congress nine.

The AAP government informed the apex court that the nominations had been made in the ward committees of MCD where BJP was weak.

The counsel appearing for LG had contended that the "aid and advice" of the Delhi government was not necessary while exercising a statutory power which was specifically conferred on the administrator.

After AAP won the municipal elections, LG appointed 10 aldermen that were opposed by the Delhi government.

The petition by the Delhi government had sought the quashing of the order dated January 3 and 4, 2023, whereby LG had nominated 10 persons as nominated members of the MCD.

LG has "illegally" appointed 10 nominated members to MCD on his own initiative and not on the aid and advice of the Council of Ministers, the plea had stated.

This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by LG completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government, the Arvind Kejriwal-led Delhi government had said. Article 239AA establishes special provisions for the National Capital Territory of Delhi (NCT).

The government had sought direction "to nominate members to MCD under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers." The Section gives LG the power to nominate 10 people with special knowledge to the civic body.

"It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word "Administrator" must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers," the plea had added.

In the present case, LG has not been vested with any discretionary authority to make nominations to MCD under either a constitutional provision or any statutory provision, AAP had said.

"Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed," the plea had added.

(With ANI inputs)