LG intervenes in MCD ward committee poll, appoints presiding officers

Delhi Lieutenant Governor V K Saxena late on Tuesday night asked MCD commissioner to notify the appointment of deputy commissioners as presiding officers for MCD ward committee polls after Mayor Shelly Oberoi did not do so.

The last-minute intervention by the LG using special powers granted under the DMC Act, and in "larger public interest", ends uncertainty over the polls that are scheduled to be held on Wednesday, September 4.

The LG passed the order soon after a central gazette notification was made public which granted absolute powers to the Delhi lieutenant governor to constitute any authority, board and commission such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.

Following the LG's directions, the MCD commissioner passed an order notifying deputy commissioners as the presiding officers for the polls. The commissioner directed the Municipal Secretary to take necessary steps to hold the elections as per the schedule.

"The Mayor has...not nominated the Presiding Officers for the said election even while the elections are scheduled tomorrow i.e. 04/09/2024. Now, therefore in larger public interest and in order to preserve the democratic spirit of the Municipal Body and in exercise of power conferred under Section 487 of DMC Act, 1957... Lt Governor has directed that the aforesaid elections be conducted as per the schedule notified by the Commissioner, MCD," the order by the commissioner read.

It added the deputy commissioner of the zones concerned will perform the functions and duties of the presiding officer. The entire process of elections will be recorded to ensure a smooth, fair and transparent process, it noted.

Earlier in the evening, Oberoi refused to appoint presiding officers, saying her conscience does not allow her to participate in an "undemocratic election process".

She had also directed MCD commissioner Ashwani Kumar to restart the election process, and give at least one week time for filing the nomination.

In a letter to the MCD commissioner, Oberoi had said she received multiple representations from councillors who said they were unable to file nomination as only one day notice was given to the candidates.

"Providing sufficient time for nomination is essential to upholding the fairness of democratic process. Never before in the history of MCD has such little time been given for filing of nomination," she wrote in the letter released late in the evening.

"It took the municipal secretary five days to notify the election after my directions, so how can only one day be given for filing nominations," she said.

According to the DMC Act, the Municipal Secretary notifies the appointment of the presiding officers after the mayor sends the file carrying their names.

According to the Act, the mayor is the sole authority to make the appointments for the post. The file is required to be sent to the Municipal Secretary for the purpose of notifying the appointment.

Late on Tuesday night, the Centre made public an order granting absolute powers to the Delhi lieutenant governor to constitute any authority, board and commission such as the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.

In a notification, the Union Home Ministry said the Delhi LG can also appoint members to such authority, board, commission or statutory bodies.

The notification has been issued in pursuance of clause (1) of article 239 of the Constitution read with section 45D of the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992).

"The President hereby directs that the Lieutenant Governor of the National Capital Territory of Delhi shall, subject to the control of the President and until further orders, exercise the powers of the President under clause (a) of section 45D of the said Act for constitution of any authority, board, commission or any statutory body by whatever name it may be called, or for appointment of any Government officer or ex officio member to such authority, board, commission or any statutory body," the notification said.

Ideally, the appointment of the presiding officer should be done at least one day prior to the elections.

The long-pending polls for the ward committees and standing committee has affected several civic services and financial matters in the corporation.

The Opposition in the MCD criticised Oberoi saying it is a deliberate attempt to defer the polls.

In a social media post, Delhi BJP spokesperson Praveen Shankar Kapoor accused the mayor of "killing democracy".

"Respected Mayor Shelly Oberoi ji, please stop killing democracy. Instead of trying to postpone the MCD Delhi ward committees elections, please appoint the presiding officers immediately," he wrote.