JUDGMENT

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 [Hereinafter referred to as the ‘DMC Act’ and ‘DMC’ for Delhi Municipal Corporation.] provides that the Lieutenant Governor² [After the establishment of Legislative Assembly for the Union Territory of Delhi, the Administrator is redesignated as Lieutenant Governor.] of National Capital Territory of Delhi³ [Hereinafter referred to as NCTD.] shall nominate 10 persons with special knowledge in municipal administration to the DMC. The question for our consideration is whether the Lt. Governor can exercise that power of nomination as a statutory duty attached to his office or he is bound by the aid and advice of the Council of Ministers of NCTD as provided in Article 239AA(4) of the Constitution.

2. Facts: Before we take up a detailed analysis of the law and precedents on the subject, a short reference to the facts leading to the filing of the present writ petition is necessary to understand the contextual relevance of the issue under consideration. Delhi Municipal Corporation is composed of: (a) councillors chosen by direct elections from the wards⁴ [Under Section 3(3)(a)] and (b)