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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.

Crime

UP Shocker: Mother Of 5 Children Dies After Beaten Up By 24-Year-Old Lover Over Breakup In Noida

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A mother of five children died after her 24-year-old allegedly beaten her up following a heated argument over breakup on Monday in Noida. According to reports, the victim has been identified as Neeraj. The police registered a case of culpable homicide not amounting to murder and arrested the accused boyfriend.

According to police, woman’s husband Satish, originally a resident of village Hathni Gud in Badaun district, works in a private company. He lives on rent in a house located in Mamura village with his wife Neeraj and five children. Neeraj had an extramarital affair with Arjun, a resident of village Sahpur in Shahjahanpur district who lived in the neighbourhood, for the past three years.

Arjun worked as a housekeeper in a private company located in Sector-59. Husband Satish was unaware of their affair. Neeraj went to meet Arjun in his room in the neighbourhood on Monday evening around 6 PM. Here, a fight broke out between the two about breakup. After the argument, Arjun physically assaulted Neeraj. During this, Neeraj became unconscious and fell to the ground.

Panicked Arjun rushed her to a nearby hospital, from where the woman was referred to Kailash Hospital. Seeing no improvement in her condition, the woman was referred to the district hospital, where doctors declared her dead.

After being alerted, police arrived and sent the body for the post-mortem. They also took boyfriend Arjun into custody. Family members allege that Arjun murdered Neeraj by strangulation.

According to police, the woman had married Satish about 13 years ago. The couple has five children. To educate the children, Satish brought Neeraj from his ancestral village to Noida about five years ago. While living in lane number eight, Neeraj became friends with Arjun, who lived in the neighbourhood. Gradually, the friendship between the two turned into a love affair. Arjun is 24 years old and unmarried.

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National News

Odisha Self-Immolation Case: Congress Workers Stage Protest Over Balasore Student’s Death Outside AIIMS Bhubaneswar

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Bhubaneswar (Odisha): Tensions flared outside AIIMS Bhubaneswar on Tuesday morning as Congress workers staged a protest following the death of a 20-year-old student from Balasore who had attempted self-immolation.

The protesting Congress workers were detained by police.

AIIMS Bhubaneswar Confirms The Death Of The Student

Earlier on Monday, the All India Institute of Medical Sciences (AIIMS) Bhubaneswar confirmed the death of the 20-year-old student from Fakir Mohan Autonomous College in Odisha’s Balasore, who had attempted self-immolation.

The Department of Burn Centre, AIIMS Bhubaneswar, said in a statement that the patient was brought to the casualty on July 12 and was referred from Balasore District Headquarters Hospital to AIIMS Bhubaneswar.

“She was admitted to the Burns Centre ICU. The patient was resuscitated with IV fluids, IV antibiotics, intubated and put on mechanical ventilation. Despite adequate resuscitation and all possible supportive management, including renal replacement therapy at the Burns ICU, she could not be revived and was declared clinically dead at 11:46 PM on July 14,” the statement said.

The 20-year-old student set herself on fire after allegedly facing prolonged sexual harassment by her college’s Head of Department. Despite lodging a formal complaint and seeking help from the principal, her pleas were ignored, leading to the tragic incident. The incident occurred at Fakir Mohan (Autonomous) College.

Odisha CM Mohan Charan Majhi Expresses Grief

Odisha Chief Minister Mohan Charan Majhi expressed grief and assured the family of the deceased that all those guilty in this case will face the strictest punishment as per the law.

In a post on X, CM Majhi said, “I am deeply saddened to hear the news of the demise of the female student from Fakir Mohan Autonomous College. Despite the government’s fulfilment of all responsibilities and the tireless efforts of the expert medical team, the victim’s life could not be saved. I pray for the eternal peace of her departed soul and beseech Lord Jagannath to grant strength to her family to bear this irreparable loss.”

“I assure the family of the deceased student that all those guilty in this case will face the strictest punishment as per the law. For this, I have personally issued instructions to the authorities. The government stands firmly with the family,” the Odisha CM emphasised.

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UP Rains Fury: 13 Dead, Villages Cut Off Amid Lightning Strikes, Floods In Bundelkhand & Purvanchal

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Torrential rains wreaked havoc across Bundelkhand and eastern UP on Saturday, claiming 13 lives and displacing hundreds. With no immediate relief in sight, multiple districts reported house collapses, electrocutions, and flood related isolation.

According to the meteorological department, Chitrakoot saw the highest rainfall at 216 mm, followed by Kanpur (126 mm) and Banda (115 mm). Rain continued through the night in many parts of Purvanchal, flooding homes and cutting off access in rural areas.

In Banda’s Badokhar area, lightning struck a mud house, killing one child and injuring two others. Another lightning strike in Kamaisin village killed a farmer. Across the state, five deaths were reported due to lightning, including in Azamgarh, Jaunpur, Chandauli, and Bhadohi.

In Chitrakoot, a wall collapsed as flash floods claimed three lives. In Mahoba, swelling rivers and overflowing drains cut off 20 villages, forcing residents to travel an extra 30 km for basic access. Schools and homes flooded, leaving children stranded. In Unnao, a youth died while planting paddy in a field during a lightning strike. Hamirpur recorded one fatality and multiple injuries from a similar incident, with fields turning into death traps amid the downpour.

Rescue efforts continued late into the evening, including the dramatic 10-hour rescue of a farmer stranded on an island in Banda after the Ranj river’s sudden rise. With more rain forecast through the week, residents brace for further disruptions and losses.

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