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‘Nominated members cannot vote’: Supreme Court adjourns hearing on Delhi mayoral polls for Friday | Delhi News

Posted on February 13, 2023 By Admin No Comments on ‘Nominated members cannot vote’: Supreme Court adjourns hearing on Delhi mayoral polls for Friday | Delhi News
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NEW DELHI: The Supreme Court on Monday postponed the Municipal Corporation of Delhi (MCD) mayoral elections, which were previously scheduled for February 16. The decision was made in response to a petition filed by the Aam Aadmi Party (AAP), calling for the prohibition of nominated members from voting in the polls. The court will hold a hearing on this matter on February 17.While hearing the petition filed by the AAP and Shelly Oberoi, the apex court observed that the nominated members could not vote in the Municipal Corporation of Delhi (MCD) mayoral and deputy mayoral elections.Chief Justice of India DY Chandrachud stated that individuals who have been nominated are not qualified to participate in the elections, as the constitutional provision regarding this issue is clear and unambiguous.Shelly Oberoi, the mayoral candidate of AAP, which won 134 of 250 seats in the Municipal Corporation of Delhi (MCD), had moved the apex court on Tuesday, seeking time-bound completion of the election of the mayor within a week of removal of presiding officer Satya Sharma and barring 10 nominated members the right to vote. Senior advocate AM Singhvi mentioned the petition, jointly filed by Oberoi and AAP, for urgent hearing and a bench headed by Chief Justice DY Chandrachud posted the adjudication of the plea for Wednesday. Last week, the AAP had withdrawn its petition from the SC on mayoral elections when the dates were fixed but Singhvi had told the court that the BJP’s game plan was to allow aldermen (nominated members) to vote. The CJI had told him that if aldermen were allowed to vote, Singhvi’s client could move SC again. Singhvi said that as he had apprehended, the pro tem presiding officer has allowed aldermen to vote. West Patel Nagar resident Oberoi and AAP functionary in MCD Mukesh Kumar Goel in their petition alleged that the LG had installed Satya Sharma, a BJP councillor, as pro tem presiding officer of the MCD, brushing aside the convention of appointing the seniormost councillor to the post in consultation with the Council of Ministers headed by the CM in the elected government of Delhi.“Since then, Sharma has repeatedly acted in breach of the Constitution and the statutory framework thereunder, with the ultimate result of indefinitely delaying the mayoral elections, motivated clearly by her political affiliations,” they said.
Source: https://timesofindia.indiatimes.com/city/delhi/supreme-court-adjourns-hearing-on-delhi-mayoral-polls-for-friday/articleshow/97870061.cms

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