Delhi mayoral polls scheduled for April 26, postponed; no presiding officer yet

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The elections for the mayor and deputy mayor of the Municipal Corporation of Delhi, scheduled for April 26, were postponed on Thursday. Lt. Governor V K Saxena cited “unprecedented” circumstances, as the Chief Minister Arvind Kejriwal is currently under judicial custody and unable to fulfill his constitutional duties.

The decision to postpone the mayoral polls came after a letter from Raj Niwas, representing Saxena, stated that a presiding officer couldn’t be appointed without the Chief Minister’s input. With the Chief Minister in Tihar Jail related to a money laundering-linked excise policy case, the process was hindered.

In his letter to the chief secretary, Saxena mentioned, “These are peculiar and unprecedented circumstances where the serving chief minister is under judicial custody as an undertrial prisoner involving a corruption case and therefore cannot discharge his constitutionally obligated functions.”

He further emphasised the importance of upholding the sanctity of law and Constitution, stating that appointing a presiding officer without the Chief Minister’s input would be inappropriate. “There is no scintilla of doubt that taking a decision regarding the appointment of the presiding officer in the circumstances, when the inputs of the chief minister are not available coupled with the factum that the minister is making wild and baseless allegations, would be grossly inappropriate both in terms of law and propriety.”

Also Read: Excise policy case | CM Kejriwal and BRS leader Kavitha’s judicial custody extended till May 7

The decision was supported by a letter from Special Secretary (Urban) Sonalika Jiwani, who conveyed the LG’s directions. “I am directed to convey the directions given by the Lt. Governor of NCT Delhi… I do not deem it appropriate to exercise his power as administrator to appoint the presiding officer in the absence of the inputs from the chief minister.”

It was also clarified that the incumbent Mayor and Deputy Mayor would continue in their positions until new elections could be conducted as per legal provisions.

“In the given situation, it is important to ensure that the functioning of the Municipal corporation, which has major public service responsibilities, is not impacted by these developments.”

According to Section 36[1] of the Municipal Corporation Act, 1957, the Mayor and Deputy Mayor shall hold office from the time of his election until the election of his successor in office, the letter stated.

“Therefore, in the larger public interest, it would be in the fitness of things that the proposed elections be deferred and the incumbent Mayor and Deputy Mayor continue to hold their positions in terms of section 36[1] of the Delhi Municipal Corporation Act 1957, till such time that the elections can be held in terms of the legal provisions in this regard,” it said.

A letter by the MCD which was followed by the Lt Governor’s communication stated that the mayoral polls had to be postponed since the appointment of the presiding officer had not taken place.

The letter said the MCD had received the Election Commission’s nod to conduct the polls.

AAP minister Atishi alleged that the cancellation was at the BJP’s behest, suggesting it was because the BJP did not want a Dalit candidate to be the mayor.

“According to the DMC Act, in the third year of the MCD, the post of mayor is reserved for a councillor from the Dalit community. This time by cancelling the mayor’s elections, the BJP has shown its anti-Dalit mentality. Babasaheb’s Constitution has given rights to the Dalits of this country, but BJP wants to snatch their rights,” she alleged on X.

Earlier, AAP leader Saurabh Bharadwaj accused the BJP-led central government of attempting to halt the mayoral polls and oust AAP from the MCD. He also accused Chief Secretary Naresh Kumar of flouting rules for nominating a presiding officer, bypassing him.

(With inputs from agencies)

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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow