New Delhi: Another faceoff between the ruling Aam Aadmi Party (AAP) and Lieutenant Governor VK Saxena is being witnessed in Delhi after the latter intervened at the last minute and fixed today, September 4, using his special powers, as the day for MCD ward committee poll after Mayor Shelly Oberoi chose not to do so.
On Tuesday night, Saxena also asked the MCD commissioner to notify the appointment of deputy commissioners as presiding officers for the polls using special powers granted to him under the DMC Act, and in the “larger public interest”, thus ending uncertainty over the elections that would now take place on Wednesday.
LG’s order after Centre’s notification granted him authority
The LG issued the order shortly after a central gazette notification was published, granting the Delhi Lieutenant Governor full authority to establish any authority, board, or commission, including the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.
Acting on the LG’s instructions, the MCD commissioner announced that deputy commissioners would serve as the presiding officers for the upcoming elections. The commissioner also directed the Municipal Secretary to ensure that all necessary preparations were made to hold the elections according to the planned schedule.
The order added that the zones’ deputy commissioners will carry out the functions and duties of the presiding officer for the polls today and the whole procedure will be recorded to ensure a free, fair and transparent electoral process.
Mayor questions ‘undemocratic election process’
Earlier on Wednesday evening, Oberoi declined to appoint presiding officers, stating that her conscience prevented her from participating in what she considered an “undemocratic election process.” She also instructed MCD Commissioner Ashwani Kumar to restart the election process and provide at least one week for the filing of nominations.
In a letter to the MCD commissioner, Oberoi stated that she had received numerous representations from councillors who reported being unable to file their nominations due to the insufficient one-day notice given to the candidates.
“Providing sufficient time for nomination is essential to upholding the fairness of the 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.
She further questioned the five days the municipal secretary took to notify the polls after her directions, so how can only one day be granted to file nominations?
What is the DMC Act?
Under the DMC Act, the Municipal Secretary is responsible for notifying the appointment of presiding officers after receiving the file with their names from the mayor. The Act stipulates that only the mayor has the authority to make these appointments, and the file must be forwarded to the Municipal Secretary for official notification.
Late Tuesday night, the Centre released an order granting the Delhi Lieutenant Governor full authority to establish any authority, board, or commission, including the Delhi Commission for Women and the Delhi Electricity Regulatory Commission.
Ideally, the presiding officers should be appointed at least one day before the elections. The delay in conducting the long-pending polls for the ward committees and standing committees has impacted various civic services and financial matters within the corporation.
The Opposition in the MCD has criticised Oberoi, alleging that her actions are a deliberate attempt to postpone the elections.
