The petition by Aam Aadmi Party-led Delhi government claimed that this was the first time since Article 239AA of the Constitution came into effect in 1991 that such a nomination had been made by the LG by completely bypassing the elected government.
According to the Delhi government’s petition, the only two courses of action open to the LG were to either accept the proposed names recommended to him for nomination by the elected government or differ with the proposal and refer it to the President.
During the hearings, the CJI had orally remarked that the nomination of aldermen by the LG could destabilise the democratic functioning of the MCD. In May 2023, the Court reserved its verdict.
Notably, on account of the pendency of the verdict, the standing committee of the MCD could not be constituted as the ten alderman are part of the body which elects this committee.
MCD Mayor Shelly Oberoi had flagged concern that the civic body’s functioning has come to a halt as a result, while urging the top court to allow the MCD Corporation to perform the functions of the standing committee for the time being.
Senior Advocate Abhishek Manu Singhvi with Advocate Shadan Farasat and Natasha Maheshwari appeared for the Delhi government.
Additional Solicitor General Sanjay Jain appeared for the LG.
Source: Barandbench
