By India Blooms News Service Feb 26, 2023
New Delhi: In a big jolt for AAP, the Delhi High Court Saturday put a stay on the re-election of the six members of the Standing Committee of the Municipal Corporation of Delhi (MCD).
A notice issued by Delhi Mayor Shelly Oberoi calling for a proposed re-election has been stayed by the bench of Justice Gaurang Kanth, according to reports.
This court prima facie finds that an election has been conducted though the result has not been declared yet. No purpose will be served by conducting a fresh election, said the bench in its order, reported India Today.
The court has acknowledged the petition filed by BJP Councillors Shikha Roy and Kamaljeet Sherawat, who contended that the Delhi Municipal Corporation Act does not grant the Mayor the authority to prevent the election results from being announced despite the Mayor acting as the returning officer.
From perusal of regulation 51, it is nowhere reflected that Respondent no 4 (Mayor/Returning officer) has authority to declare an election of the standing committee as null and void, noted the judge, the report said.
The judge further added that it was prima facie clear that the election has been conducted and the counting of votes has been done, even though the result has not been declared so far, according to the report.
Meanwhile, the high court has halted the notification for the re-election scheduled on February 27 and has summoned Lieutenant Governor VK Saxena and Mayor Shelly Oberoi to provide responses to the petitions. The hearing for the matter has been rescheduled for March 27.
The court has directed the Municipal Secretary and the Mayor to preserve all materials related to the election, including ballot papers, CCTV footage, and records of House proceedings, for a period of three months. This is to ensure that evidence is available if the court needs to examine it in the future.
Reacting to the Delhi HCs order, Mayor Oberoi said, One vote was invalid in the February 24 election but the BJP kept on saying that the vote is valid. Because of this, the counting procedure was not completed.
Declaration of the result by the expert was also invalid because they were supposed to assist me and not declare the result. As per the Act, only the presiding officer can declare the result after form 4 is filled. I did not fill out any forms, so nobody else was supposed to announce the result. I went to the police and have registered 3 FIRs, Shelly Oberoi added, reported India Today.