Kejriwal writes to Delhi LG over ‘unconstitutional’ nomination of 10 aldermen in MCD
Chief Minister Arvind Kejriwal has written to Delhi Lt Governor V K Saxena over the “unconstitutional” manner in which 10 aldermen were nominated to the MCD by bypassing the Delhi government, saying this was a complete departure from the settled practice.
In a related development, Deputy Chief Minister Manish Sisodia has also written to the Commissioner of the Municipal Corporation of Delhi, asking him to “desist” from taking any further action on the issue.
Aldermen refers to people who are experts in their fields. However, they do not have voting rights in the mayoral election.
Ten aldermen were nominated to the MCD ahead mayoral poll.
The first municipal House after the high-stakes civic polls on December 4 is scheduled to take place on Friday when all newly elected councillors will take oaths and the mayor and the deputy mayor will be elected.
Kejriwal said that traditionally, all files pertaining to nominations under Section 3(b)(i) are routed through the Urban Development Department which is the nodal department of the Municipal Corporation.
“Such files are required and have, in the past, always been put up to the Minister-in-Charge of the Urban Development Department/Ministry.
Kejriwal claimed the nomination was done “entirely bypassing the Council of Ministers of the democratically elected Government of the National Capital Territory of Delhi”.
“It is with a considerable degree of dismay and consternation that I, as the chief minister of the Government of Delhi, am compelled to address another communication to you drawing reference to conduct which while in the past was an aberration has, today, unfortunately degenerated into an increasingly recurring practice of endemic proportions whereby no stone is being left unturned and no effort is being spared to interfere with and impede the day-to-day administration and functioning of the National Capital Territory of Delhi.
“Such series of actions are blatantly unconstitutional, a colourable exercise of power, apart from constituting a fraud on the Constitution and display a worryingly scant regard for provisions of the Constitution, the law laid down by the highest court of the land as also settled convention and practice of the Government of Delhi,” he said.
Kejriwal also flagged “an attempt to rig the composition of the standing committee of the MCD through these nominations”. In the letter, he said it appears to be an attempt “to influence the process of elections to the Standing Committee of the Municipal Corporation by the nomination of these members”.
“It is pertinent to note that these 10 members have been intentionally chosen to represent three zones out of 12 of the municipal corporation,” he said.
Since one member of the standing committee gets chosen from each zone, the attempt quite clearly is to ensure that the composition of the panel is skewed in favour of the persons belonging or owing allegiance to the ruling party at the Centre and thereby subvert the will of the electorate in the recently concluded elections to the municipal corporations, Kejriwal alleged.
The chief minister further noted that the amendments to the MCD Act too do not bring any change to the established practice of nominations.
Noting that local bodies is a “transferred subject” over which the democratically elected government has legislative and executive decision-making authority and jurisdiction, Kejriwal said the LG is constitutionally required to act in terms of the aid and advice tendered by the council of ministers.
“This position has also been authoritatively settled by the judgement of the Constitution Bench in State (NCT of Delhi) v Union of India (2018). I, therefore, respectfully beseech you once again to reconsider the nominations made by you having due regard to the provisions of the Constitution, the law laid down by the Constitution Bench of the Supreme Court as also past practice and convention with regard to such nomination, and recall the decision taken by you in this regard,” he added.
Sisodia also wrote to MCD Commissioner Gyanesh Bharti over the “bypassing of elected state government” during the nominations of aldermen and directed him to desist from taking any further action in regard.
Calling himself the competent authority in the matter who has been completely bypassed, he claimed the nomination is contrary to Article 239AA of the Constitution as well as to the interpretation made by the Constitution Bench of the Supreme Court.
“It is unfortunate that this kind of action has been resorted to while bypassing the elected government of Delhi. I call upon you to desist from taking any further action upon the illegal notification and with regard to the swearing-in of the 10 persons. Files related to such nominations are always sent by the Municipal Corporation through the Urban Development Department, which has not been done in this case,” he added.
