Mayor cries foul, says LG can’t ‘usurp powers’

New Delhi
Amid the Municipal Corporation of Delhi (MCD) ward committee elections on Wednesday, mayor Shelly Oberoi said the law invoked by lieutenant governor (LG) VK Saxena to deem zonal deputy commissioners (DCs) as presiding officers for the polls does not allow “for usurping the powers which can only be exercised by duly elected mayor”. She wrote to municipal commissioner Ashwani Kumar and DCs not to preside over the polls, declaring election notices issued by the municipal secretary “null and void”.
The election went ahead after late-night drama on Tuesday, with BJPwinning 7 ward committees and the AAP 5. LG Saxena intervened in the zonal committee election process, invoking Section 487 of the Delhi Municipal Corporation Act, directing the MCD commissioner to appoint DCs to preside over the polls after the mayor’s refusal to appoint presiding officers created a gridlock.
Officials with the LG secretariat refused to comment on the matter. Several senior MCD officials said that the Section 487, invoking central government’s powers, has not been used in recent memory for at least several decades.
On Wednesday, Oberoi, in her communique, said that directions issued by the LG under Section 487 of the DMA Act were a “wrong interpretation of the power”. The mayor, however, took part in the election for the Karol Bagh zone at the Civic Centre on Wednesday morning.
To be sure, Section 487 of the DMC Act deals with directions by the central government to the MCD. It states that if the central government is of the opinion that any duty imposed on the corporation or any municipal authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, it may direct the corporation or the municipal authority concerned, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be. The municipal authority concerned shall comply with such direction, the act says.
However, Oberoi in a two-page order on Wednesday, said that despite her express direction to extend the timeline of the elections, the commissioner approached the LG. “The order and notice dated September 3 are incorrect interpretations of the power under Section 487 of DMC Act,” she said.
Oberoi argued that the powers under Section 487 were restricted to issuing directions for the performance of duties and the proviso states that a show cause notice first needs to be issued asking why such directions should not be made. “The section does not make provisions for usurping the powers which can only be exercised by the duly elected mayor… section does not envisage the central government or LG can take away powers granted to a municipal authority and give it another authority…no show cause was issued,” Oberoi said.
The mayor said that orders issued by the commissioner and municipal secretary to hold elections on Wednesday were null and void and any election conducted as per these orders would also be null and void. “All deputy commissioners are directed that they are not presiding officers and are not to preside over the elections,” she said in her communique.
A senior MCD official said the Aam Aadmi Party (AAP) may intend to use the order in a legal battle if the results did not meet the party’s expectations. “We are following the orders duly issued by the administrator LG as per the DMC Act,” the official said.
Delhi BJP spokesperson Praveen Shankar Kapoor said that the mayor, by first issuing the letter and then taking part in the polls, “made a joke of herself”. “She has shown that she is totally anarchic… Delhiites and Delhi BJP demand that Shelly Oberoi should immediately resign and pave way for election of a Dalit mayor,” he said.
The AAP did not comment on the matter.
Anil Gupta, former chief law officer of MCD, said Section 487 of the DMC Act has never been invoked in living memory. “However, the question raised by mayor regarding the requirement of a show cause notice seems valid. All authorities are exercising their domain powers to extreme points and may approach court. BJP may insist that the seat vacated by Kamaljeet Sehrawat should be filled from the same lot. AAP can question the very basis of the election. We are entering a legal grey area. The matter may again end up in court,” he said.