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Delhi’s Lieutenant Governor Has Power To Nominate ‘Aldermen’ In Municipal Corporation Of Delhi: SC

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Delhi's Lieutenant Governor Has Power To Nominate 'Aldermen' In Municipal Corporation Of Delhi: SC

New Delhi: In a setback to the Aam Aadami Party (AAP), the Supreme Court on Monday upheld the Delhi Lieutenant Governor’s decision to nominate 10 ‘aldermen’ to the Municipal Corporation of Delhi (MCD).

A bench of Chief Justice of India DY Chandrachud and Justices Narasimha, JB Pardiwala said that LG is expected to act as per the statutory mandate and not as per the aid and advice of the Delhi government.

Since it was a statutory power and not an executive power, the LG was expected to act as per the statutory mandate and not as per the aid and advice of the Delhi Government, it added.

“Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of the council of ministers,” said the top court while pronouncing the judgment.

About The Verdict

The verdict of the top court came on a plea of Delhi government challenging the nominations of 10 ‘aldermen’ by the LG to the Municipal Corporation of Delhi. In May 2023, the apex court reserved the judgment.

AAP government apex court that the nominations had been made in the ward committees of the MCD where the BJP was weak.

Counsel appearing for LG had contended that “aid and advice” of the Delhi government was not necessary while exercising a statutory power which was specifically conferred on the Administrator.

After AAP won the municipal elections, the LG appointed 10 ‘aldermen’ who were opposed by the Delhi government.

About The Petition

The petition of the Delhi government had sought quashing of order dated January 3 and 4, 2023 whereby the LG nominated 10 persons as nominated members of the MCD.

Lieutenant Governor has “illegally”appointed 10 nominated members to the Municipal Corporation of Delhi on his own initiative, and not on the aid and advice of the Council of Ministers, the plea had stated.

This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the LG completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government, Arvind Kejriwal led Delhi government had said.

It had sought direction “to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers.”

“It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word “Administrator” must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers,” the plea had added.

In the present case, the Lieutenant Governor has not been vested with any discretionary authority to make nominations to the MCD under either a constitutional provision, or any statutory provision, the Aam Aadmi Party had said.

“Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed,” the plea had added.

National News

Pakistan Fires Fatah-II Missile Targeting Delhi, Intercepted And Destroyed By India Near Sirsa

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New Delhi: In a major escalation by Pakistan, Fatah-II long-range missile was reportedly fired targeting Delhi on Saturday. India’s air defence intercepted and destroyed the missile near Haryana’s Sirsa, reported Media. Notably, Fatah-II is a surface-to-surface missile reportedly having a range of 400 km.

Earlier, in the early hours of Saturday, India reportedly struck four Pakistan airbases, including Nur Khan in Rawalpindi, Murid in Punjab’s Chakwal and Rafiqi in Punjab’s Shorkot. Director General Inter-Services Public Relations (DG ISPR) Lieutenant General Ahmad Sharif Chaudhry admitted the attack on Pakistan airbases.

India launched these retaliatory strikes after Pakistan attacked 26 locations across India on Saturday, the sources told Media. Intermittent firing is still going on at several places along the Line of Control (LoC). All Indian Army and Air bases are safe.

“Drones have been sighted at 26 locations along the International Border and LoC with Pakistan. These include suspected armed drones. The locations include Baramulla, Srinagar, Avantipora, Nagrota, Jammu, Ferozpur, Pathankot, Fazilka, Lalgarh Jatta, Jaisalmer, Barmer, Bhuj, Kuarbet and Lakhi Nala. Regrettably, an armed drone targeted a civilian area in Ferozpur, resulting in injuries to members of a local family,” the Defence Ministry said in a statement as reported by Media.

Tensions between the two neighbours soared significantly after the Indian armed forces on Wednesday conducted precision strikes targeting terror launchpads in Pakistan and Pakistan-occupied Kashmir (PoK) in response to the April 22 Pahalgam attack that had cross-border linkages.

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Pakistan closes airspace temporarily after India accuses it of using civilian flights as shields

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New Delhi, May 10: Pakistan on Saturday shut down its airspace temporarily, hours after India accused the former of using commercial flights as shields amid drone attacks.

The decision, notified through a Notice to Airmen (NOTAM), came amid escalating tensions between the two nuclear-armed neighbours.

The move follows a night of intense drone activity along India’s northern and western borders after Pakistani drones were sighted at 26 locations ranging from Baramulla in the North to Bhuj in the South, along both the International Border and the Line of Control with Pakistan, the Defence Ministry said in a statement.

These include suspected armed drones posing potential threats to civilian and military targets, the Ministry added.

The locations include Baramulla, Srinagar, Avantipora, Nagrota, Jammu, Ferozpur, Pathankot, Fazilka, Lalgarh Jatta, Jaisalmer, Barmer, Bhuj, Kuarbet and Lakhi Nala.

Several of the targeted sites included key airfields, forward military bases, and civil aviation facilities. India successfully repelled each attack.

India accused Pakistan of endangering international air traffic by keeping its airspace open while executing drone and missile operations.

“Pakistan is using civil airliners as a shield, knowing fully well that its attack on India would elicit a swift air defence response. This is not safe for the unsuspecting civil airliners, including the international flights which were flying near the International Border between India and Pakistan,” Colonel Sofiya Qureshi of the Army said at a press briefing on Friday, alongside Wing Commander Vyomika Singh of the Indian Air Force (IAF) and Foreign Secretary Vikram Misri.

Pakistan deployed between 300 and 400 drones, identified preliminarily as Turkish-made Asisguard Songar models, on the night of May 8 and May 9. Many were intercepted using a combination of kinetic and electronic warfare systems, including the Barak-8 and S-400 Triumph missile defence platforms, Akash SAMs, and indigenous anti-drone technologies.

“The sheer scale suggests it was a deliberate military attempt to test our readiness. We responded proportionately,” Wing Commander Singh said at the briefing.

Among the locations targeted were Srinagar airport, the Awantipora airbase, Nagrota, Jammu, Pathankot, Fazilka, and Jaisalmer.

In Ferozpur, a drone attack on a civilian area injured three members of a local family. No Indian military installations were damaged.

Prime Minister Narendra Modi convened a high-level security review meeting late Friday night with Defence Minister Rajnath Singh, National Security Adviser Ajit Doval, and the service chiefs.

Earlier on Friday, PM Modi also met former Chiefs of the armed forces to take their views on the evolving crisis.

Home Minister Amit Shah reviewed the civil preparedness in states along the Pakistan border, particularly around airports and high-value targets.

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India says highly revered Nankana Sahib Gurdwara in Pakistan’s Punjab safe

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Chandigarh, May 10: The highly revered Gurdwara Nankana Sahib, the birthplace of the founder of the Sikh religion, Guru Nanak Dev, in Pakistan’s Punjab province is safe, the Indian government said.

A video shared on social media is claiming that India has carried out a drone attack on Nankana Sahib Gurdwara.

However, the Press Information Bureau’s (PIB’s) Fact Check on Saturday said the claim is completely fake.

“Such content is created to spread communal hatred. Please be cautious. Do not forward such videos,” it added.

Earlier on Friday, India’s Foreign Secretary Vikram Misri, during a special briefing on Operation Sindoor in the national capital, said India did not target Nankana Sahib Gurdwara through drone attack, dismissing false claims made by Pakistan.

From the Attari-Wagah border in Amritsar to Nankana Sahib, the distance is 104 km.

There are many gurdwaras, including Kartarpur Sahib, Panja Sahib and Nankana Sahib, in Pakistan.

Gurdwara Nankana Sahib is the birthplace of Guru Nanak Dev and holds great importance for Sikhs and Hindus around the world.

It is there that Guru Nanak used to play with his childhood friends in an open field.

Meanwhile, on the direction of the Shiromani Gurdwara Parbandhak Committee (SGPC) President Harjinder Singh Dhami, SGPC officials on Friday visited Sikhs who were injured in a Pakistani attack in Poonch in Jammu and Kashmir and met them in the hospital.

They assured all possible assistance on behalf of the Sikh body.

SGPC Secretary Partap Singh and Sri Darbar Sahib Manager Rajinder Singh Ruby expressed their sympathy after meeting Gurmeet Singh and his son Rajvansh Singh, who are undergoing treatment at a private hospital in Amritsar.

SGPC Secretary Partap Singh said amid the tense situation in the country, the victims were travelling from Poonch to Jammu when their vehicle convoy was attacked.

As a result, one Sikh lost his life while Gurmeet Singh, his son Rajvansh Singh, and other family members sustained serious injuries.

Gurmeet Singh and Rajvansh Singh were admitted to a private hospital in Amritsar, where they are currently receiving medical care.

Secretary Partap Singh said the SGPC considers it a duty to stand with humanity in times of distress and is completely fulfilling its responsibility even under the current circumstances.

He added that under the instructions of SGPC President Dhami, special arrangements for shelter and meals have been made at nearby gurdwaras for people displaced from border areas.

Additionally, sacred saroops of Sri Guru Granth Sahib are also being safely relocated from evacuated village gurdwaras.

He appealed to residents of border areas to contact their nearest historic gurdwaras under the SGPC management, if they require assistance.

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