Shelly Oberoi vs Office of Lieutenant Governor of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 135

D. Y. CHANDRACHUD, J. B. PARDIWALA, PAMIDIGHANTAM SRI NARASIMHA
Shelly Oberoi – Appellant
Versus
Office of Lieutenant Governor of Delhi – Respondent

Advocates appeared:
For the Petitioner(s): Dr. A M Singhvi, Sr. Adv. Mr. Shadan Farasat, AOR Mr. Amit Bhandari, Adv. Ms. Hrishika Jain, Adv. Mr. Shourya Dasgupta, Adv. Ms. Mreganka Kukreja, Adv. Mr. Aman Naqvi, Adv.
For the Respondent(s): Mr. Tushar Mehta, SG Mr. Kanu Agrawal, Adv. Mr. Padmesh Mishra, Adv. Mr. Sanjay Kr.Tyagi, Adv. Mr. Arkaj Kumar, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Sanjay Kumar Jain, A.S.G. Mrs. Garima Prashad, Sr. Adv. Mr. Nishit Agrawal, AOR Ms. Kanishka Mittal, Adv. Ms. Vanya Agrawal, Adv. Mr. Maninder Singh, Sr. Adv. Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Prabhas Bajaj, Adv. Mr. Paranjay Thripathi, Adv. Mr. Ranjit Kumar, Sr. Adv. Mr. Neeraj, Adv. Mr. Amit Tiwari, Adv. Mr. Aman Jha, Adv. Mr. Surender Gupta, Adv. Mr. Rishi Tutu, Adv. Ms. Megha Sharma, Adv. Ms. Akanksha Gupta, Adv. Mr. Shoumendu Mukherji, AOR

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked for seeking diverse reliefs pertaining to the constitution of the Municipal Corporation of Delhi following the elections which took place on 4 December 2022. These elections were held to elect 250 Councillors. The first petitioner is a prospective candidate for the post of Mayor. Though over two months have elapsed since the date of the election, the election of the Mayor has not be held.

2. Chapter II of the Delhi Municipal Corporation Act 1957¹ [“Act”] deals with the establishment of Corporations. Section 35(1) provides that a Corporation shall at its first meeting in each year elect one of its members to be the Chairperson, who is known as the Mayor, and another member to be the Deputy Mayor of the Corporation. Section 3 provides for the establishment of the Municipal Corporation. Sub-Section (3) of Section 3 indicates the composition of the Corporation. In terms of the provision, a Corporation is to be composed of Councillors. Besides the Councillors who are directly elected through the voters in the ward constituencies, there are Councillors who are n

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2023 Supreme(SC) 135

D. Y. CHANDRACHUD, J. B. PARDIWALA, PAMIDIGHANTAM SRI NARASIMHAShelly Oberoi – AppellantVersusOffice of Lieutenant Governor of Delhi – Respondent

Cases Referred (1)

D. Y. CHANDRACHUD, J. B. PARDIWALA, PAMIDIGHANTAM SRI NARASIMHA
Shelly Oberoi – Appellant
Versus
Office of Lieutenant Governor of Delhi – Respondent