AAP moves SC seeking expeditious conduct of Municipal polls in Delhi

Aam Aadmi Party (AAP) has moved the Supreme Court seeking direction to the State Election Commissioner (SEC) to expeditiously conduct the Municipal Elections in Delhi in a free and fair manner.

The party alleged that the brazen influence of the Central Government over the SEC and its flagrant meddling with the conduct of Municipal Elections forms the subject matter of its plea.

It said it is raising an important question of constitutional significance in its writ petition whether the State Election Commission can be influenced by an unofficial communication sent by the Central Government to defer Municipal Elections which the Commission was otherwise absolutely prepared to schedule and conduct.

 

Petitioners are exercising their right under Article 32 of the Constitution of India to correct this unconstitutional anomaly and protect the free, fair, and expeditious elections of the Municipal Corporations of Delhi, the plea filed through advocate Shadan Farasat said.

The ruling party in Delhi said, They seek the issuance of a writ of mandamus directing the Respondent (State Election Commission) to conduct the Municipal Elections in Delhi according to the initially conceived schedule of the State Election Commission, National Capital Territory of Delhi, before the expiry of the tenure of the Municipal Corporations of Delhi, in May 2022.

It said that cognizant of the attempt of State functionaries to hamper timely conduct of elections to local bodies, Article 243U was introduced in the Constitution of India, mandating the five-year tenure of Municipal Corporations.

Section 4 of the Delhi Municipal Corporation Act, 1957 codifies this five-year period of operation of the three Municipal Corporations in Delhi, which have been tasked with performing several administrative functions in Delhi. This duration is coming to an end in May 2022. Thus, elections for Councillors are due in these Corporations, the plea said.

It added that the SEC of the National Capital Territory of Delhi, set up under Article 243ZA of the Constitution of India is responsible for the free, fair, and impartial conduct of these elections under Section 7 of the 1957 Act.

It said that accordingly, the SEC has been preparing for the Delhi Municipal Elections, which it has declared in multiple notices, notifications and orders would be conducted in April 2022.

The party said that on March 9, 2022, it circulated a letter indicating its intent to hold a Press Conference at 5 pm, on the same day, to declare the specific schedule of the Municipal Elections, to be conducted in April.

However, precisely half an hour later, by way of a press note, it conveyed that it had received some communication from the Lt. Governor of Delhi, conveying that the Government of India was intending to pass legislation to merge the trifurcated Municipal Corporations of Delhi. In light of this communication, the press conference to declare the election schedule was indefinitely postponed; the Municipal Elections consequently being deferred, it said.

The plea said, "By being the sole reason behind the delay of the Municipal Elections, the Government of India is very evidently making attempts to buckle the independence of the State Election Commission and stultify free and fair Municipal Elections in Delhi.

It added that the AAP party thus seeks to challenge the arbitrary decision of the SEC to postpone the Municipal Elections of Delhi without any reasonable grounds and solely based on unofficial communication from the Government of India.

Such insufficient reasons to postpone elections, rendering the conduct of timely elections before the expiry of the constitutionally mandated duration of the Municipal Corporations effectively impossible, clearly hamper with the sanctity of impartial elections and must be immediately stemmed by this Court, it said.