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Delhi HC allows mayor to file fresh reply to plea against re-election of six members of MCD- The New Indian Express

by India News Online Team
April 25, 2023
in India
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Delhi HC allows mayor to file fresh reply to plea against re-election of six members of MCD- The New Indian Express
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By Express News Service

CHENNAI:  The Delhi High Court on Monday permitted the town mayor to file a “consolidated reply” to a problem to the re-election of six members of the MCD standing committee. Justice Purushaindra Kumar Kaurav granted three days’ time to mayor Shelly Oberoi, additionally the returning officer (RO), to file her stand after the senior counsel representing her sought “withdrawal” of the already filed reply within the matter.

Counsel for the petitioners, MCD councillors Kamaljeet Sehrawat and Shikha Roy who moved the excessive court docket earlier this 12 months against the re-election ordered by Oberoi, opposed the request, saying it was an try to stall the formation of the standing committee which is essential for the right functioning of the MCD.

On February 25, the excessive court docket had stayed re-election of six members of the standing committee of Municipal Corporation of Delhi (MCD) which was scheduled for February 27, saying the mayor prima facie acted past her powers in ordering a fresh ballot. The choose, nonetheless, noticed that at current, he was solely contemplating the request for a while, and stated, “Three days’ time is granted to respondent no 4 (mayor) to file a consolidated reply”.

The court docket additionally permitted the petitioners to reply to the fresh reply to be filed by the mayor and listed the case for listening to on May 3. Senior advocate Rahul Mehra, showing for the mayor, stated he wished to file a consolidated reply in view of sure developments which occurred after the submitting of the preliminary reply.
Mehra additionally objected to the submitting of a “compliance affidavit” in relation to preservation of poll papers, poll bins and so forth. by “respondent no 4” by one other lawyer, saying he doesn’t have authority to signify that social gathering i.e. the mayor as he has appeared within the matter on behalf of respondent no 3 i.e. MCD. The lawyer, advocate Ajay Digpaul stated, he was showing on directions from the MCD and the affidavit is duly signed by the Municipal Secretary.

The court docket stated the compliance affidavit can be deemed to have been filed by the respondent quantity 3 (MCD). The mayor had on February 24 introduced fresh 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.

The MCD House witnessed ruckus on February 22 with the AAP and the BJP exchanging blows and hurling plastic bottles at one another. The House was once more rocked by clashes after fresh elections have been held on February 24, and mayor Oberoi subsequently alleged that BJP members made a life-threatening assault on her. The petitioners have contended within the excessive court docket that the mayor ordered a fresh election for February 27 with out declaring the outcome of the ballot held on February 24 in violation of regulation 51 of Delhi Municipal Corporation (Procedure & Conduct of Business) Regulations, which accommodates the prescribed process. Roy’s petition, filed by advocate Neeraj, stated the ballot was ‘performed in a peaceable method’ and there was ‘no event for the mayor to recall the elections’.

Mukesh Goyal to be presiding officer after L-G nod
Senior AAP councillor Mukesh Goyal would be the presiding officer for the election of mayor of the Municipal Corporation of Delhi (MCD) on April 26, a Delhi authorities official stated on Monday. This adopted approval by Lieutenant Governor V Ok Saxena of his identify. Chief Minister Arvind Kejriwal really useful Goyal’s and had sought the L-G’s approval final week, the official stated.



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