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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

Assam: Vigilance Cell searches senior official’s residence over alleged disproportionate assets

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Guwahati, Sep 7: A nine-member team of Assam Chief Minister’s Vigilance Cell on Monday conducted a search at the official residence of Dhemaji District Development Commissioner (DDC) and senior Assam Civil Service (ACS) officer, Debeswar Bora, in connection with an ongoing probe into alleged irregularities and suspected possession of assets disproportionate to his known sources of income.

The vigilance team arrived in Dhemaji from Guwahati in two vehicles and carried out the search at Bora’s government accommodation.

The officer was also questioned by the investigators during the operation.

Officials have so far not disclosed details of the case or specified the documents, assets or other materials examined during the search.

According to preliminary information, the Vigilance Cell initiated the case following a complaint filed by a doctor.

The allegations reportedly relate to Bora’s tenure as Joint Secretary in the Medical Education and Research Department under the state Health Department.

The complaint is understood to have led to a preliminary enquiry into alleged irregularities during his earlier posting.

During the course of the enquiry, certain properties and assets allegedly linked to the senior officer came under the scrutiny of the Vigilance Cell.

Sources said properties located in Guwahati and Lakhimpur are among those being examined as part of the probe.

Investigators are also reportedly looking into the ownership of some of the properties, which are allegedly registered in the names of Bora’s wife and other family members.

The probe is expected to examine the sources of funds used for acquiring the properties and whether they correspond with the known income of the officer and his family.

The search at the DDC’s official residence is part of the ongoing investigation and is expected to help the Vigilance Cell gather documents and other material relevant to the allegations.

The Vigilance Cell has not yet issued an official statement on the case or disclosed the findings of Monday’s search. Further details are awaited as the investigation progresses. The allegations remain subject to verification and due legal process.

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Crime

Drugs case accused escapes from NCB headquarters in Jammu

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Jammu, Sep 7: A drugs case accused has managed to escape from the Narcotics Control Bureau (NCB) headquarters here, and police formed a team to nab the fugitive, officials said on Monday.

Officials said the accused, Aqib Bashir of Kakapora town in Pulwama district, escaped from NCB custody on Sunday night.

“He (Bashir) was arrested with 522g heroin in Samba. He is linked to a narco module,” an official said, adding that the NCB Jammu Zonal Unit has intensified its crackdown on heroin trafficking into Jammu & Kashmir, with recent operations indicating two distinct supply routes — heroin entering directly from Pakistan through the Uri sector and heroin being routed indirectly through Punjab into J&K.

In the latest operation on last Thursday, NCB Jammu intercepted a passenger bus near New Bus Stand, Samba and recovered 522 grams of heroin from Bashir.

“Investigation swiftly traced the backward linkage to Punjab. Acting on the lead, NCB mounted a separate operation at Ludhiana, resulting in a further seizure of 197 grams of heroin. The linked Samba–Ludhiana operation has thus resulted in the recovery of 719 grams of heroin, while further investigation into the network is continuing,” the official said.

Officials said this seizure was the fourth heroin interception by NCB in the Jammu Division within about a month, forming part of a sustained intelligence-led offensive against the supply and distribution of heroin in the region.

“The recent operations include seizures of 438 grams and 603 grams of heroin in two operations conducted inside drug-affected bastis in Jammu/Samba, taking enforcement action directly into vulnerable pockets being used for drug trafficking,” an official said.

In another major operation, NCB has earlier seized 5.160 kg of heroin at Jammu. Investigation in that case indicated that the consignment had originated from Pakistan and entered J&K through the Uri sector.

The trail was pursued beyond the point of seizure up to Leh, where the alleged supplier was apprehended. The latest Samba case has now exposed the other supply channel, with the backward linkage leading to Ludhiana.

The operations indicate that heroin is being pushed into the region through multiple routes — directly across the Pakistan border as well as indirectly through the Punjab–J&K corridor.

The NCB’s strategy is therefore focused not merely on seizures at the point of interception, but on following every consignment both backwards to its source and forwards to its intended recipients, with the objective of dismantling the entire trafficking chain.

Further investigation into the suppliers, receivers, financial trail, and other members of these networks is underway.

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National News

Four Tirupati pilgrims among 7 killed in 2 separate Karnataka road accidents

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Bengaluru, Sep 7: Seven people were killed in two separate road accidents in Kolar and Chikkaballapur districts of Karnataka, including four members of a family who were returning to Bengaluru after visiting the Tirupati temple on Monday.

In the first incident, four pilgrims from Bengaluru were killed after their car reportedly lost control and overturned near Dodda Kari village in KGF taluk of Kolar district on the Chennai-Bengaluru Expressway.

The deceased have been identified as Sharadamma, 70, Deekshita, 25, Devendra Kumar, 41, and Jishnu, 13. They were residents of Vidyaranyapura in Bengaluru.

The family members had travelled to Tirupati for the darshan of Lord Venkateswara and were returning to Bengaluru when the accident occurred. The Toyota car reportedly lost control and hit the median before overturning, resulting in the deaths of four occupants on the spot.

Three others travelling in the vehicle — Vikas, Neethu and Advika — sustained injuries and were shifted to the Bangarpet government hospital for treatment.

A case has been registered at the Bethamangala Police Station, and further investigation is underway.

In a separate incident in neighbouring Chikkaballapur district, three women were killed after an Omni car carrying agricultural labourers collided with a mini goods vehicle near Kothanur Gate in Shidlaghatta taluk.

The accident occurred when 10 labourers from Mallikarjunapura village were being taken in an Omni car by a man identified as Ramachandrappa to Hujuguru village for flower harvesting.

Three women from Mallikarjunapura were killed on the spot in the collision. Several others sustained injuries and were shifted to the Shidlaghatta Taluk Hospital for treatment.

A case has been registered at the Shidlaghatta Rural Police Station in connection with the accident.

The two separate accidents have claimed seven lives and left several others injured in the two districts.

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