Delhi mayor polls: Aldermen cannot vote, says SC

This will be the fourth meeting of the Municipal Corporation of Delhi (MCD) House since December's civic polls to elect the mayor.

Municipal Corporation of Delhi members nominated by the Lieutenant Governor or aldermen cannot vote in mayoral polls, observed Supreme Court on Friday.

A three-judge bench headed by Chief Justice of India DY Chandrachud invoked Article 243R of the Constitution and Section 3(3) of Delhi Municipal Corporation Act, 1957 to hold that persons nominated by administrator do not have the right to vote.

"The prohibition on nominated members exercising the right to vote in terms of S 3(3)(b)(1) shall apply to the first meeting where the mayor and deputy mayor are to be elected", the bench ordered.

The bench took objection to the arguments of the Lieutenant -General of Delhi and the Municipal Corporation of Delhi that nominated members are entitled to vote.

Key observations by SC

Notice for the election of mayor and deputy mayor shall be issued within 24 hours and in that election members who are nominated shall not have the right to vote.

The notice shall indicate the first meeting of the Municipal Corporation at which the election of the Mayor should be held.

Upon the election of the Mayor, the Mayor shall act as Presiding Authority for conducting the election of Deputy Mayor and members of Standing Committee, at which also the prohibition on the nominated members to vote shall continue.

This will be the fourth meeting of the Municipal Corporation of Delhi (MCD) House since December's civic polls to elect the mayor.

Three successive meetings of the House were adjourned in the last one month amid ruckus and commotion over the decision to give voting rights to aldermen without electing the mayor, deputy mayor and members of the standing committee of the civic body.

After the civic polls in December, the House was first convened on January 6 but was adjourned following acrimonious exchanges between members of the BJP and AAP.

The second municipal House held on January 24 was briefly adjourned after the oath-taking ceremony, and was later adjourned till the next date by the pro tem presiding officer.

AAP had emerged as a clear winner in the December polls, bagging 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 wards in the 250-member municipal House.