MCD clashes: AAP questions L-G on oath to aldermen ahead of elected councillors

Hours after the first meeting of the newly elected MCD house was adjourned following clashes between the councillors of Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP), senior AAP leader Mukesh Goyal questioned the process of selecting the pro-tem speaker and the urgency in administering oath to the aldermen nominated by the Lieutenant-Governor.

Lieutenant-Governor (L-G) VK Saxena will announce new dates for mayoral voting.

“We had inputs from multiple sources that administering oath to the aldermen nominated by the L-G ahead of the elected councillors was actually a part of a larger plan. It was done to enable the alderman to vote in the Mayoral election,” said Goel. It is “unconstitutional” and a grave violation of the MCD Act, reiterated the senior AAP leader.

Also read: Delhi mayor election deferred after BJP-AAP clash at municipal corp meet

The stand-off

The stand-off began when presiding officer Satya Sharma – who was appointed by the L-G over the AAP’s recommendation of Mukesh Goyal — invited aldermen or nominated councillors (those who traditionally cannot vote in the Mayoral election) to take oath ahead of elected members (those who can vote).

Delhi Chief Minister Arvind Kejriwal also shared a tweet saying, “Article 243R of the Constitution clearly debars nominated members from voting in the House. Attempt to get them to vote in the House is unconstitutional.”

The controversy

The AAP has objected to the process of nominating 10 aldermen directly by the L-G without sending the names to the government, and the way in which they were administered oath ahead of the elected members. The party has alleged that procedural norms were violated by the L-G in choosing the 10 BJP members as aldermen.

The appointment of aldermen by the L-G is seen by AAP as an attempt by the BJP to continue exercising power in the MCD despite its electoral loss.

Aldermen hold significant power and play an important role in the elections of standing committees, MCD in-house and ward committee meetings.

The MCD Act

As per the Delhi Municipal Corporation Act, 1957, 10 persons over the age of 25 can be nominated to the corporation by the administrator (the L-G). These persons are expected to have special knowledge or experience in municipal administration. They are meant to assist the house in taking decisions of public importance.

Also read: AAP fields Shelly Oberoi as MCD Mayor candidate; BJP yet to take call

Speaking to The Federal, Ravinder Bharadwaj, AAP councillor from Aman Vihar ward no 41, said: “Conventionally the senior-most member of the House is nominated as the pro-tem speaker or the presiding officer. But the way this convention was also violated today, just shows how the BJP brazenly undermines constitutional provisions.”

The AAP had bagged 134 wards in the MCD poll, ending the BJP’s 15-year rule in the civic body. The BJP won 104 wards to while the Congress won nine seats in the 250-member House.