 "Delhi Mayor, Shelly Oberoi")
Delhi Mayor Shelly Oberoi has moved the Supreme Court seeking a direction to allow the functions of the Standing Committee to be exercised by the Municipal Corporation of Delhi (MCD) till the panel is constituted.
The development comes less than a fortnight after Oberoi during a special session of the MCD proposed vesting the powers of the standing committee in the House amid a ruckus with the BJP members opposing the move, which they alleged was "illegal and unconstitutional".
The plea, in which the Lieutenant Governor's (LG) Office is the respondent, sought a direction for the smooth functioning of the civic body.
It said that on May 17, 2023, the top court had reserved its verdict on a plea challenging the appointment of nominated persons in the MCD without the aid and advice of the Delhi government.
The adjudication of the legality of the nominated persons' appointments will directly and substantially impact the election of 12 out of 18 members of the Standing Committee, i.e. it will directly determine the special majority within it. Thus, the Standing Committee could not be constituted yet, Oberoi said in her plea.
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It said that while the judgement of the court is awaited, the functions of the Standing Committee like granting approval to the MCD Commissioner to enter into any contract involving an expenditure greater than Rs 5 crore and other budgetary issues, have come to a halt.
"The prevailing situation has affected a range of governance functions of the MCD, from the procurement of textbooks and medical supplies for MCD's schools and health centres to the maintenance of public parks, public toilets, and other amenities," the plea said.
Oberoi said that MCD has passed a resolution dated January 15, 2024, resolving that approvals for contracts involving expenditure greater than rupees five crores, including where approval will be normally routed through the Standing Committee, be taken by the competent authorities directly from the Corporation, with a view to alleviate the situation and preserve the interests of the citizens in Delhi.
"In view of the petitioner's constitutional responsibilities to the citizens of Delhi, the present petition has been preferred to seek a direction that the functions of the Standing Committee pending the adjudication of the legality of the process of appointment of its electors be exercised by the House of the MCD, i.e. the 'Corporation' composed of all the elected councillors as defined in Section 3(3)(a) of the DMC Act," the plea said.
The plea said that since the MCD is the body superior to the Standing Committee, in both power and accountability, it would be appropriate for the functions of the Committee to be exercised by the MCD in its meetings, till such time the panel is legally constituted.
"The petitioner is the Mayor of the Municipal Corporation of Delhi and is instituting the present petition to seek appropriate directions for the smooth functioning of the MCD during the pendency of the constitution of the Standing Committee on account of the peculiar circumstances," the plea said.
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