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2023 Supreme(SC) 135
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., J.B. PARDIWALA, PAMIDIGHANTAM SRI NARASIMHA, JJ.
Shelly Oberoi and Another – Appellants
Versus
Office of Lieutenant Governor of Delhi and Others – Respondents
Writ Petition (Civil) No. 152 of 2023
Decided On : 17-02-2023
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
IMPORTANT POINT
Election of Mayor of DMC – Elected members shall not have right to vote – Once Mayor is elected, elected Mayor shall be Presiding Authority for the purpose of election of Deputy Mayor.
Headnote:
Delhi Municipal Corporation Act 1957 – Section 35(1) – Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations 1958 – Regulation 7 – Constitution of India – Article 243R – Election of Mayor of DMC – Prohibition on nominated members exercising right to vote in terms of Section 3(3)(b)(i) shall also apply to first meeting of Corporation at which Mayor and, thereafter, Deputy Mayor are to be elected – Election of Mayor shall be conducted first in first meeting of Municipal Corporation of Delhi – Once Mayor is elected, elected Mayor shall be Presiding Authority for the purpose of election of Deputy Mayor – At the first meeting of Municipal Corporation of Delhi, election shall be held first for post of Mayor and at that election, members who are nominated in terms of Section 3(3)(b)(i) of Act shall not have right to vote – Upon election of Mayor, Mayor shall act as Presiding Authority for conducting election of Deputy Mayor and members of Standing Committee at which also prohibition on exercise of vote by nominated members in terms of Section 3(3)(b)(i) shall continue to operate. (Paras 11, 12 and 16)
Facts of the case:
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 4th 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.
Findings of Court:
Jurisdiction of this Court under Article 32 of Constitution has been invoked for seeking diverse reliefs pertaining to constitution of the Municipal Corporation of Delhi following the elections which took place on 4th 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, election of Mayor has not be held.
Result : Petition allowed.
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 nominated by the Administrator. Yet others are represented as ex officio representatives. Clause (b) of sub-section (3) of Section 3 specifies the persons who shall be represented in a Corporation. Among them are:
“(i) ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator.”
The proviso to Section 3(3)(b)(i), however, lays down that “the persons nominated under this sub-clause shall not have the right to vote in the meetings of a Corporation.”
3. Chapter V of the Act deals with procedure and the transaction of business by a Corporation. Section 72(1) provides that a Corporation shall ordinarily hold at least one meeting in every month for the transaction of business. Section 73 provides that the first meeting of a Corporation after a general election shall be held as early as possible after the publication of the results of the election under Section 14 and shall be convened by the Administrator. Section 74 provides for the notice of meetings and transaction of business. Section 76(1) stipulates that a Mayor, or in his absence, the Deputy Mayor shall preside over every meeting of the Corporation. Section 77 makes provision for the Presiding Officer at a meeting for the election of Mayor. Clause (a) of Section 77 provides that at a meeting for the election of a Mayor, the Administrator shall nominate a Councillor who is not a candidate for such an election to preside over the meeting. Section 78 provides for the method of deciding common questions. Section 82 empowers the Corporation to make regulations for the transaction of business at its meetings.
4. Though the jurisdiction of this Court has been invoked for seeking several reliefs, the point of controversy has narrowed down to two issues. The first issue is whether aldermen, as they are popularly described, who are nominated by the Administrator under Section 3(3)(b)(i) have the right to vote at the first meeting of the Corporation where the Mayor would be elected. The second issue pertains to the order for holding elections, more specifically, whether, as the petitioners assert, the election to the office of the Mayor shall be held first followed by the elections to the Deputy Mayor and other members of the Standing Committee, on which meetings the Mayor would preside. The opposing view point is that all elections would be held simultaneously.
5. We have heard Dr. A.M. Singhvi, senior counsel, with Mr. Shadan Farasat, in support of the petition. Mr. Sanjay Jain, Additional Solicitor General, has appeared on behalf of the Municipal Corporation of Delhi. Mr. Tushar Mehta, Solicitor General, appears on behalf of the Lt. Governor. Mr. Ranjit Kumar, senior counsel, appears on behalf of the contestin
