LG can effectively destabilise MCD by nominating members: Supreme Court

The CJI was speaking for the bench during the resumed hearing of a petition filed by the Delhi government seeking the quashing of notifications through which the LG appointed 10 members to the MCD on his own initiative. He said that with such powers, the LG can “effectively destabilise the democratically elected MCD”.

“Is the nomination of people who have specialised knowledge in a local body such great concern to the Union of India,” he asked. “They (aldermen) will have voting power. They can be placed anywhere by the LG.”

Appearing on behalf of the Delhi government, senior advocate Abhishek Manu Singhvi argued that the nominations had been made in the ward committees of the MCD where BJP is seen to be weak.

On the other hand, the additional solicitor general, appearing on behalf of the LG, argued that there was a distinction between the role of the LG under Article 239AA and the role of the LG as an administrator when it came to local body nominations, as per the Delhi Municipal Corporation Act.

The bench recorded the contentions of both the parties and reserved its judgment on the plea.

The Delhi government had petitioned the Supreme Court, contending that the LG appointing aldermen to the MCD without the aid and advice of the council of ministers is “against the constitutional scheme”.The Delhi government contended that only two courses of action are open to the LG – accept the proposed names recommended for nomination to the MCD by the elected government or differ with the proposal and refer the same to the President.