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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.

International News

EAM Jaishankar and US counterpart Rubio discuss advancing ties, regional developments

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External Affairs Minister (EAM) S Jaishankar held a meeting with US Secretary of State Marco Rubio in Mumbai on Tuesday, with discussions focusing on further advancing bilateral ties.

During the meeting, the two ministers exchanged views on regional developments. Foreign Secretary Vikram Misri, US Ambassador to India Sergio Gor and other officials were also present at the meeting.

“Pleased to meet US Marco Rubio in Mumbai today. We shared views on further advancement of our ties, focusing on trade, energy, technology, defence and people-to-people ties. Also exchanged views on regional developments,” EAM Jaishankar stated on X after the meting.

Rubio said that he and EAM Jaishankar discussed energy security and defence cooperation.

“In Mumbai, Indian External Affairs Minister S Jaishankar and I discussed energy security and defense cooperation while reaffirming the importance of advancing the U.S.-India strategic partnership,” the US Secretary of State posted on X.

Earlier, EAM Jaishankar, Marco Rubio and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan held a meeting in Mumbai, with discussions held on regional energy security and advancing shared economic priorities.

“It was great to meet with Indian External Affairs Minister S Jaishankar and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan to discuss regional energy security and advance our shared economic priorities,” Rubio stated on X after the meeting.

Following the meeting, Ambassador Gor also took to X and wrote: “The US, India, and UAE have real opportunities to advance cooperation on energy, trade, technology, and regional connectivity. Marco Rubio, S Jaishankar, and UAE Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan in Mumbai for a discussion on turning our close ties into concrete results!”

Earlier in the day, Marco Rubio arrived in Mumbai for an official visit to India. For his visit to Mumbai, Rubio is accompanied by his wife, Jeanette Rubio and US Ambassador to India Sergio Gor.

The Ministry of External Affairs (MEA) extended a warm welcome to Rubio as he arrived in Mumbai for his second visit to India, noting that it provides an opportunity to further advance cooperation across various pillars of the India-US Comprehensive Global Strategic Partnership.

“Welcome to Mumbai, US Secretary of State Marco Rubio, on your second visit to India! He was received by Shri Ashish Shelar, Minister of Culture, Electronics, IT and AI, Government of Maharashtra at the airport. The visit provides an opportunity to further advance cooperation across the various pillars of the India-US Comprehensive Global Strategic Partnership,” the MEA posted on X.

After concluding his engagements in Mumbai, Rubio will travel to Gujarat’s Jamnagar for talks that will include “enhanced energy cooperation”, the US State Department said.

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Crime

Model Shraddha Dubey, wanted in businessman Shiva Sharma death case, arrested in Nagpur

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Model Shraddha Dubey, a key accused in the death of Lucknow-based businessman Shiva Sharma, has been arrested in Nagpur along with her sister Rashmi Dubey and driver Danish, Uttar Pradesh Police said on Tuesday.

The three accused, who had been absconding since the registration of the case, were apprehended by the Lucknow Police and the Uttar Pradesh Special Task Force (STF) with the assistance of Nagpur Police on Tuesday.

A reward of Rs 50,000 each had been announced for information leading to their arrest.

Following her arrest, Shraddha Dubey has been brought to Bell Road Police Station on Wardha Road in Nagpur, where she is currently being questioned.

Officials of the Uttar Pradesh STF and Nagpur Police are present at the police station and are jointly questioning her.

According to the police, a case under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS) was registered at the Hazratganj Police Station on October 9 on the basis of a written complaint filed by Ranjana Sharma.

The accused are being taken through the necessary legal formalities before being brought to Lucknow for further investigation into Sharma’s death.

Meanwhile, fresh details have emerged about Dubey’s movements during her absconding period.

According to media reports, she stayed for nearly 24 hours at a hotel in Taj Nagari Phase-I in Agra.

The reports claimed that CCTV footage showed a vehicle allegedly linked to Dubey arriving at the hotel at 6:33 a.m. on October 17. Around 20 minutes later, at 6.53 a.m., a woman identified as Dubey reportedly entered the premises. The vehicle’s registration number was reported to be UP32RT8043.

During her absconding period, Dubey had released a video appealing against linking her name with influential individuals.

An earlier viral audio recording, purportedly featuring her threatening Sharma, had also surfaced, in which she was allegedly heard referring to complaining about him to a ‘sir’.

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National News

CJP leaders Saurav Das, Ashutosh Ranka to approach Delhi HC seeking release

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Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka are set to move the Delhi High Court seeking their release, challenging the Special Executive Magistrate (SEM) court’s order extending their judicial custody in connection with the Jantar Mantar trespassing case.

The move comes a day after the SEM court extended the judicial custody of the two till October 21, observing that their conduct “shows no respect for law” and reflects their “habitualness in calling protest at de-notified areas”.

The two CJP leaders were sent to judicial custody till October 21 by SEM Ritu Raj at Mandir Marg police station after their earlier five-day judicial custody ended on Monday.

In its order, the SEM court said the investigating officer had placed substantial material on record, raising concerns over the likelihood of a breach of peace and disturbance of public tranquillity.

It also recorded that the two leaders had allegedly breached the bonds furnished by them before the SEM, South-West District, on October 11 and subsequently committed a breach of peace in the present case.

The court further observed that their assurance that they would not repeat the alleged offence did not inspire confidence in view of their past conduct and the material placed on record by the investigating officer.

Das and Ranka, along with party member Ajinkya Shinde, were among 14 people detained on October 13 after they entered Jantar Mantar through private premises and obstructed police personnel from discharging their official duties.

The CJP members were protesting against alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and had raised slogans against Chief Election Commissioner (CEC) Gyanesh Kumar.

Delhi Police had justified their continued custody, citing repeated violations of law and apprehensions that their release could lead to further violations and instigation of others.

The SEM court had also found the sureties furnished on behalf of the two leaders unfit following an inquiry, citing discrepancies in identity documents and their inability to provide basic details about the persons for whom they stood surety. It directed them to furnish fresh sureties.

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