IMAGE: Ruckus breaks out at Delhi Civic Centre between Aam Aadmi Party and Bharatiya Janata Party councillors over the election of members of the MCD standing committee, in New Delhi, February 24, 2023. Photograph: ANI Photo
Justice Gaurang Kanth, in a particular listening to held on a court docket vacation on two petitions by BJP councillors towards the re-election, mentioned the governing norms don’t mirror the Delhi mayor has the authority to declare the sooner election null and void and conduct the re-election with out saying the outcomes of the earlier ballot held on February 24.
The court docket mentioned prima facie the mayor’s motion was in violation of the relevant rules.
“This court docket prima facie finds that the elections have been performed and the outcomes haven’t been declared but and no objective could be served by conducting recent election on February 27. In view of the identical, discover for holding re-election on February 27 shall be stayed until the subsequent date of listening to,” mentioned the court docket whereas itemizing the petitions by Kamaljeet Sehrawat and Shikha Roy for listening to in March finish.
The counsel for the mayor advised the court docket that she had no different various however to declare the sooner ballot as null and void as the method was vitiated as a result of unruly behaviour of the members.
The lawyer additionally alleged the mayor didn’t get ample cooperation from the member secretary and technical specialists.
Mayor Shelly Oberoi, who was the returning officer for the election, had on February 24 introduced recent polling for electing six members of the MCD standing committee on February 27 at 11 am amid clashes between the councillors of the BJP and the AAP within the municipal House.
BJP councillors staged protests and created ruckus within the House after Oberoi declared a vote forged in the course of the election on Friday invalid.
Oberoi had barely began saying the outcomes when the ruckus started throughout which a councillor even ripped off the mayor’s microphone.
The petitioners contended within the excessive court docket that the mayor ordered a recent election with out declaring the results of the ballot held on February 24 in violation of regulation 51 of Delhi Municipal Corporation (Procedure & Conduct of Business) Regulations, which incorporates the prescribed process.
The petition filed by Roy by means of advocate Neeraj mentioned the ballot was “performed in a peaceable method” and there was “no event for the mayor to recall the elections”.
Justice Kanth issued a discover to the RO, the Delhi authorities, Delhi Lieutenant Governor and MCD on the 2 pleas difficult the choice to carry re-election and granted them two weeks to file their response whereas observing that prima facie the choice to carry a re-election within the current case was in violation of the regulation.
“Prima facie it seems that the respondent no. 4 (mayor) is conducting the re-election on February 27 with out declaring the results of the election performed on February 24, which is in violation of regulation 51…From the perusal of regulation 51, it’s nowhere mirrored that the RO/mayor has the authority to declare an election of the standing committee null and void,” mentioned the choose.
The court docket additionally noticed that underneath the rules, the RO is obligated to protect the poll paper however the counsel for the mayor mentioned poll papers and containers have been “violated”.
The court docket additionally famous {that a} petition regarding the elections to the MCD standing committee is already pending adjudication.
BJP councillor Sharad Kapoor had approached the excessive court docket on February 24 alleging that the mayor defied the established norms and propriety by permitting cellphones and pens in the course of the voting for election of the members of MCD standing committee held on February 22.
In his petition, Kapoor alleged that Oberoi “defied each constitutional and statutory norm” and “betrayed the mandate of Constitution by permitting cellphones and pens within the election proceedings”.
The MCD House had witnessed ruckus on February 22 as nicely with members of the BJP and the AAP exchanging blows and hurling plastic bottles at one another.
The House was once more rocked by clashes after recent elections had been held on February 24, and mayor Oberoi subsequently alleged that a couple of members of the saffron get together made a life-threatening assault on her.
At a press convention, she alleged her colleague Ashu Thakur was additionally attacked by a BJP councillor.
AAP MLA Atishi alleged Thakur was held by her scarf and dragged from the dais to one of many exit gates of the House.
“We will go to the Kamla Market Police Station and lodge a case of life-threatening assault on Mayor Shelly Oberoi and our different ladies councillors,” Atishi had mentioned.