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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

Navi Mumbai Crime: 2 Women Booked For Abetment To Suicide Of 15-Year-Old Ghansoli Student

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Navi Mumbai: Two women have been booked for abetment to suicide after a 15-year-old Class 10 student from Ghansoli allegedly died by suicide following humiliation and assault at the hands of her friend’s mother and neighbour.

The deceased, Shamika Nagesh Gawde, lived with her parents in Talavali, Ghansoli, and was preparing for her Class 10 board exams at a private tuition class.

Police said Shamika had a minor quarrel with a classmate during her tuition on Wednesday evening. Though the matter was settled, the classmate told her mother about it, after which Reshma Santosh Gavande (42) allegedly called Shamika to her home.

At her residence, Gavande, along with her neighbour Mayuri Somanath Naikwadi (40), allegedly humiliated the girl, used insulting remarks about her parents, and Gavande reportedly slapped her.

Deeply hurt and distressed, Shamika returned home and later hanged herself. Her mother found her unresponsive around 7:45 p.m. and rushed her to Airoli municipal hospital, where doctors declared her dead on arrival.

A two-page suicide note recovered from the house detailed the incident and contained an apology to her parents. Based on the note and initial inquiry, Rabale Police registered a case under Sections 107 and 3(5) of the Bharatiya Nyaya Sanhita (BNS) against the two accused for abetment to suicide.

“Preliminary investigation suggests that the accused women’s actions caused emotional distress to the minor, leading to her suicide. A detailed probe is underway,” said Senior Police Inspector Balkrishna Sawant of Rabale Police Station.

Both accused, who are neighbours residing in Radha Apartment, Ghansoli, are being investigated further.

The incident comes close on the heels of another Class 10 student’s suicide in Airoli last week, wherein the girl died by suicide after the principal allegedly insulted her in the class.

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National News

Navi Mumbai Weather Update: Heavy Rains, Thunder, Lightning As Temperature Dips By 8°C

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Mumbai: Residents of Navi Mumbai witnessed a spectacular weather event on Thursday evening, as intense thunderstorms and lightning strikes lit up the skies over Koparkhairane. X user Athreya Shetty shared videos of the dramatic weather, writing, “Exactly as per forecast, an amazing cracking thunderstorm hits Koparkhairane with loud lightning strikes and heavy Mumbai rains.”

The storm brought a welcome respite from the heat, with temperatures dropping by nearly 8°C within just 15 minutes. Many parts of the city reported heavy rain and gusty winds, adding to the pre-festive chill.

According to the India Meteorological Department (IMD), Thane and Palghar districts have been placed under a Yellow Alert, warning of thunderstorms accompanied by strong winds. The IMD has forecast maximum temperatures around 35°C and minimums near 24°C for the next few days.

Additionally, all districts of Maharashtra (except Vidarbha) are under Yellow Alert for varying days between October 15 and 17, as light to moderate rain is expected due to an upper air cyclonic circulation over the Arabian Sea.

Meteorologists have attributed the sudden showers and drop in temperature to the Northeast Monsoon (NEM), which set in around 15 October. The shift is bringing fresh moisture from the east, making weather conditions more humid and muggy across the state.

This marks the first rainfall spell after the IMD officially declared the withdrawal of the southwest monsoon from Mumbai on October 10 — the earliest in seven years.

For the season, the Colaba observatory recorded 2,263.0 mm of rainfall, while Santacruz saw 3,112.0 mm, signalling another intense monsoon season despite the early exit.

As Mumbai braces for humid conditions and patchy rains through the week, residents are advised to stay updated on local weather alerts and plan their travel accordingly.

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ECI to enforce TN Seshan’s 1994 guidelines on Burqa-clad women in Bihar polls

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New Delhi, Oct 16: The Election Commission of India (ECI) on Thursday affirmed that it is strictly enforcing the landmark decisions introduced by former CEC T.N. Seshan in 1994 regarding ‘Pardanasheen’ (Burqa-clad) women voters during the next month’s Bihar assembly elections.

Referring to the ECI order dated 1994 with the subject line – “General elections to State Legislative Assemblies-1994-Special facilities in polling stations for women electors”, the commission highlighted that the poll panel is “implementing Ex CEC TN Seshan decisions of 1994 on Pardanasheens in Bihar.”

The term ‘Pardanasheen’ refers to women who, due to cultural conventions, do not appear before male officials or the public spaces without veils.

In 1994, T.N. Seshan issued specific guidelines directing polling officials to make arrangements that respect such sensitivities while ensuring these women are able to cast their votes without intimidation or identity challenges.

According to the 1994 order issued by the former CEC, “Chief Electoral Officer, District Election Officer, Returning Officer, Assistant Returning Officer, and Presiding Officer are responsible for ensuring special arrangements are made for women electors to exercise their franchise in the presence of Lady staff.”

“Where the number of female electors is significant (say, 50 per cent or above) and the system of Burqa or purdah is observed as a social custom, at least one Polling Officer must be a lady Polling Officer in each such polling station,” it noted.

It further added that, “If women officials are not available in the required number, the Returning Officer or Presiding Officer has the authority under Rule 34(2) to appoint ‘any woman to serve as an attendant’ at the polling station.”

Ahead of the Bihar elections scheduled for next month, the assertion by the Election Commission reflects the poll panel’s commitment to ensure the value of every voter, irrespective of gender.

With Bihar witnessing a two-phase voting schedule, the Election Commission’s renewed emphasis on inclusive polling arrangements is expected to significantly boost female voter turnout, especially in rural and conservative regions.

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