New Delhi: The Supreme Court Friday observed the lieutenant governor has to act on the “aid and advice” of the council of ministers of the Delhi government in nominating 10 aldermen to the MCD, a day after it substantially clipped the wings of the Centre’s point man in running day-to-day administration of the national capital. The top court, which was hearing a petition filed by the AAP government challenging the nominations to the Municipal Corporation of Delhi (MCD), meanwhile, permitted the counsel for the office of the lieutenant governor to withdraw the earlier reply in the wake of the SC’s judgement holding that the LG has to act as per the aid and advice of the council of ministers.
A five-judge Constitution bench on Thursday held that the Delhi government has legislative and executive powers over all but three services – public order, police and land. “Why don’t you (Additional Solicitor General Sanjay Jain, appearing for the office of the LG) advise the LG that he cannot nominate members in the MCD. He has to act as per the aid and advice of the government,” the CJI said. The bench fixed the Delhi government’s plea for hearing on May 16 and permitted the LG’s office to file a fresh response to the petition.
Earlier, the top court had said it will hear on May 8 the plea of the Delhi government challenging the power of the lieutenant governor to nominate members to the MCD. In the petition filed through lawyer Shadan Farasat, the Arvind Kejriwal government has challenged the decision of the LG to nominate the members allegedly without the “aid and advice” of the council of ministers. Besides seeking quashing of the nominations, the plea has sought a direction to the LG’s office to nominate members to the MCD under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act…, “in accordance with the aid and advice of the Council of Ministers”.
“This petition has been filed by the elected government of the NCT of Delhi seeking inter alia quashing of orders dated…, and consequent gazette notifications …, whereby the Lieutenant Governor has illegally appointed 10 (ten) nominated members to the MCD on his own initiative, and not on the aid and advice of the Council of Ministers,” the plea said. It said neither the DMC (Delhi Municipal Commission) Act nor any other provision of law says anywhere that such nomination is to be made by the administrator in his discretion. “This is the first time such a nomination has been made by the LG completely bypassing the elected government, thereby arrogating to an un-elected office a power that belongs to the duly elected government,” it said. Referring to the constitutional scheme pertaining to Delhi, it said the word ‘administrator’ must necessarily be read as the administrator, who is LG here, acting on the aid and advice of the council of ministers. The petition underlined that according to the provisions of the Delhi Municipal Corporation Act, apart from the elected councillors, the MCD also had to include 10 people, above 25 years of age, having special knowledge or experience in municipal administration, which were to be nominated by the administrator.
