LG intervenes, appoints chairperson; elections go ahead as per schedule – ThePrint – PTIFeed

New Delhi, Sept 3 (PTI) – Delhi Lieutenant Governor VK Saxena late Tuesday night asked the MCD Commissioner to announce the appointment of deputy commissioners as chairpersons for the MCD district committee elections after Mayor Shelly Oberoi failed to do so.

The last-minute intervention of the LG, using the special powers conferred on him by the DMC Act and the “larger public interest”, ends the uncertainty over the elections scheduled for Wednesday, September 4.

The MCD Commissioner followed the directions of the LG and issued an order appointing deputy commissioners as election officers. The Commissioner directed the Municipal Secretary to take necessary steps to hold the elections as scheduled.

“The Mayor has … not nominated the chairpersons for the said election, though the elections are scheduled for tomorrow, i.e. 04.09.2024. Therefore, the Lieutenant Governor has now, in the interest of the general public and to preserve the democratic spirit of the municipality and in exercise of the power conferred on him by Section 487 of the DMC Act, 1957 … directed that the said elections be conducted as per the schedule notified by the Commissioner, MCD,” the Commissioner's order said.

It added that the deputy commissioner of the zones concerned will assume the functions and duties of the chairman. The entire election process will be recorded to ensure smooth, fair and transparent conduct, it said.

Earlier in the evening, Oberoi had refused to appoint chairpersons, saying that her conscience did not allow her to participate in an “undemocratic electoral process”.

She had also directed MCD Commissioner Ashwani Kumar to restart the election process and give at least one week's time for filing of nominations.

In a letter to the MCD commissioner, Oberoi had said that she had received several representations from councillors who said they had not been able to file their nominations as the candidates were given only a day's notice.

“Allowing adequate time for nominations is essential to maintaining the fairness of the democratic process. Never before in MCD's history has so little time been allowed for a nomination to be submitted,” she wrote in the letter released late last night.

“Following my instructions, the municipal clerk took five days to announce the election. So how can there be only one day for filing nominations?” she said.

According to the DMC Act, the Municipal Secretary announces the appointment of the chairpersons after the Mayor transmits the file containing their names.

According to the law, the mayor is the sole person responsible for making appointments. The file must be sent to the municipal secretary to announce the appointment.

Late Tuesday evening, the central government issued an order giving the Lieutenant Governor of Delhi full powers to set up all agencies, boards and commissions, such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.

The Home Ministry said in a statement that the Chief Justice of Delhi can also appoint members to such authorities, committees, commissions or statutory bodies.

The notification was made under clause (1) of Article 239 of the Constitution read with section 45D of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992).

“The President hereby directs that the Lieutenant Governor of the National Capital Territory of Delhi shall, subject to the control of the President and until further orders, exercise the powers of the President under section 45D(a) of the said Act to constitute any authority, committee, commission or statutory body, by whatever name it may be called, or to appoint any Government officer or ex officio member of any such authority, committee, commission or statutory body,” the notification said.

The appointment of the election officer should ideally take place at least one day before the election.

The long-pending elections for the district committees and the standing committee have impacted several public services and financial issues of the body.

The opposition in the MCD criticised Oberoi, saying it was a deliberate attempt to postpone the elections.

In a social media post, Delhi BJP spokesperson Praveen Shankar Kapoor accused the mayor of “killing democracy.”

“Respected Mayor Shelly Oberoi ji, please stop destroying democracy. Instead of trying to postpone the elections to the district committees of MCD Delhi, please appoint the chairpersons immediately,” he wrote. PTI SJJ TIR TIR

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