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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

Imran Masood, Chandrashekhar Azad criticise UP govt after SC quashes NSA detention in Sambhal case

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New Delhi, Sep 29: Following the Supreme Court’s decision to quash the preventive detention of Mulla Afroz under the National Security Act (NSA) in connection with the November 2024 Sambhal violence, Congress MP Imran Masood and Aazad Samaj Party (Kanshi Ram) president Chandrashekhar Azad on Tuesday criticised the Uttar Pradesh government.

The Supreme Court held that the power of preventive detention had been illegally exercised and imposed costs of Rs 10 lakh on the Uttar Pradesh government. The court also set aside the Allahabad High Court order that had upheld the detention.

Speaking to media, Masood said, “It has not only been quashed. Please read the complete news. Along with quashing the NSA, a fine of Rs 10 lakh has also been imposed on the state government.”

“Officials should understand that the agenda they are pursuing with their eyes closed will eventually lead to files reaching the Supreme Court and could send them behind bars. The Saharanpur mosque case will also come up in the same manner,” he said.

Masood further said, “There are documents that are speaking for themselves. You cannot hide those documents. Demolishing mosques and persecuting people based on religion goes against the Indian Constitution. The same Constitution that gives you the authority to hold office also guarantees the protection of our rights.”

Aazad Samaj Party president and Nagina MP, Chandrashekhar Azad, said the Rs 10 lakh cost imposed by the Supreme Court was inadequate.

“A Rs 10 lakh fine is too little. The government and police send innocent people to jail on the government’s orders, and when the judiciary imposes a fine on them, it is only Rs 10 lakh. In my view, the fine should have been Rs 10 crore,” he said.

Azad alleged that the NSA was being used to suppress opposition voices and silence cases, adding that he had himself been detained under the law.

“I am sitting before you today after the government detained me under the NSA despite me being innocent. I was kept in jail for 16 months,” he said.

“The government wants to suppress voices of opposition and silence cases through the NSA. The people will not be suppressed either. When the people and the state stand up, they will remove this government from power,” he added.

The Supreme Court’s ruling came on a petition filed by Mulla Afroz, who was arrested in connection with the Sambhal violence.

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National News

Four killed, eight injured in two accidents on Delhi-Mumbai Expressway in MP

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Ratlam, Sep 29: At least four people were killed and eight others injured in two separate road accidents on the Delhi-Mumbai Expressway in Madhya Pradesh’s Ratlam district on Tuesday, police said.

The accidents occurred within a span of about two hours on the eight-lane expressway under the jurisdiction of Jaora Industrial police station, with both cars plunging into a 30-40 feet deep gorge after hitting the central median.

The first accident took place around 4:30 a.m. when a car carrying a family from Punjab, travelling from Ambala in Haryana to Mumbai, hit the median railing.

The vehicle broke through a portion of the railing and fell into the gorge, police said. Narendra Kaur (67) and her daughter-in-law Manpreet Kaur (32), both from Punjab, died in the accident. Three other occupants, including an elderly man and two children, were injured.

“Prima facie, it appears that the driver may have become drowsy while driving at high speed and lost control of the vehicle, causing it to hit the railing,” Jaora Industrial police station in-charge Prakash Gadariya said.

Police reached the spot after receiving information from other motorists and shifted the injured to a hospital in Jaora.

They were later referred to Ratlam Medical College for further treatment. While police personnel were examining the site of the first accident, another car carrying a family from Dahod in Gujarat met with an accident around 6:30 a.m., police said.

The second vehicle, bearing registration number GJ20 CB 4610, reportedly went airborne after hitting the central median and fell into the gorge.

The railing at the spot had been damaged in the first accident. Ravi Hatila (35), who was driving the second car, and Ramesh Makwana (50), both from Dahod, were killed. Four to five other occupants of the vehicle were injured.

“The railing had been damaged in the first accident, and while our personnel were conducting an inspection at the spot, the second car hit the median and fell into the gorge,” Gadariya said.

The Gujarat family was returning to Dahod after travelling to Uttar Pradesh for medical treatment of a family member.

Police have launched an investigation into the circumstances surrounding both accidents, including the condition of the road infrastructure and the factors that led to the vehicles losing control.

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Crime

Two killed as speeding SUV hits e-scooter in UP’s Moradabad, driver flees

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Moradabad, Sep 29: Two men were killed after a speeding SUV collided with their e-scooter, sending it flying, in Uttar Pradesh’s Moradabad on Tuesday, officials said.

According to the preliminary information, a speeding SUV struck the e-scooter carrying the two friends, resulting in a fatal accident. The force of the collision was such that the e-scooter was hurled away, leaving both riders critically injured. They later succumbed to their injuries.

Following the accident, police reached the spot and took the bodies into custody. The bodies were subsequently sent for post-mortem examinations as part of the investigation into the incident.

The driver of the SUV allegedly fled from the spot after abandoning the vehicle. Police have taken the SUV into custody and brought it to the police station for further investigation.

The vehicle is reportedly owned by Mohammad Naveed, a resident of the Civil Lines police station area. Police are investigating the circumstances surrounding the accident and are also working to establish the identity and whereabouts of the person who was driving the SUV at the time of the collision.

The deceased have been identified as Mohammad Rihan and Abuzar, both residents of Salempur village under the Kanth police station area of Moradabad.

News of the deaths left the families of the two young men devastated. Relatives and other family members were inconsolable following the fatal accident, while the families have demanded strict action against the person responsible for the crash.

According to Rihan’s family, he had been working in Dubai and was scheduled to return there, with his flight booked for October 1. The family said that he was the sole earning member of the household and that his father has been unwell.

A family member expressed anguish over the circumstances of the accident and demanded action against the SUV driver.

“The SUV rider may be a wealthy man, but what about them? The light of our home is gone,” the family member said.

The incident has once again raised concerns over road accidents involving speeding SUVs in Moradabad. Locals pointed out that this was not the first such incident in the district in recent days.

Just three days ago, an SUV allegedly hit an e-rickshaw that was parked on the roadside in the Kundarki police station area. The earlier incident also resulted in a fatality, adding to concerns over road safety and reckless driving in the area.

Meanwhile, in a road accident reported from Chandigarh earlier on Tuesday, an SUV being driven by a woman collided with a motorcycle near the bridge close to Dhanas Lake, leaving two people injured.

The two injured persons, who were travelling on the motorcycle when the collision took place, were subsequently taken to a hospital for treatment. Their condition was not immediately known.

Police took both the SUV and the motorcycle into custody as part of the investigation.

Police in both incidents are examining the circumstances surrounding the respective collisions.

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