Delhi Mayor polls: Nominated members can't vote in elections, says SC

The Supreme Court on Friday ruled that the nominated members of the Municipal Corporation of Delhi (MCD) cannot vote in the mayoral election.

Ending the logjam surrounding mayoral elections in Delhi since December 2022 MCD elections, the apex court held that nominated members cannot vote in elections for Delhi Mayor, Deputy Mayor and Standing Committees. The dispute between the BJP and AAP over allowing nominated members to vote had stalled the election.  

The court further added that the Mayor has to be elected before Deputy Mayor. 

The bench comprising Chief Justice of India D Y Chandrachud, Justice P S Narasimha and Justice J B Pardiwala was hearing the petition filed by AAP leader Shelly Oberoi. 

The court relied on 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 Livelaw reported.

The court further directed that a notice for the election of mayor and the first meeting of the MCD shall be issued within 24 hours. 

"The notice for the election of mayor and the first meeting of the MCD shall be issued within 24 hours and the notice shall fix the date at which the elections of mayor, deputy mayor and standing committee members shall be held," the court said.

The court last week sought the responses from the lieutenant governor's (LG) office, MCD's pro-tem presiding officer Satya Sharma and others on Oberoi's plea.

Taking a jibe at the BJP, Delhi Chief Minister Arvind Kejriwal said that the Supreme Court ruling on mayoral elections proves how Delhi's LG and BJP are passing "illegal, unconstitutional orders"

-With agency inputs.