The Supreme Court ruled on February 17 that nominated members of the municipal corporation are ineligible to vote in the mayor elections, putting an end to a heated debate over the election of the mayor of the Municipal Corporation of Delhi. 

The Court further ruled that nominated members are ineligible to vote in standing committee and deputy mayor elections. Moreover, the election of the Mayor must take place before that of the Deputy Mayor. While ruling on a petition submitted by AAP leader Shelly Oberoi, the Court made this ruling. The mayoral elections were put on hold as a result of the disagreement between the AAP and BJP over letting nominated members to cast ballots, even though the MCD elections were held in December 2022.

People nominated by administrators do not have the right to vote, according to a bench made up of Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The bench made this determination based on Article 243R of the Constitution and Section 3(3) of the Delhi Municipal Corporation Act, 1957.

"The prohibition on nominated members exercising the right to vote in terms of S 3(3)(b)(1) shall apply to the first meeting where the mayor and the deputy mayor are to be elected", a bench decision. The Delhi Municipal Corporation and the Lieutenant-General of Delhi both argued that nominated members have a right to vote, but the bench dismissed both claims. 

The court gave the following instructions:

●    An election for the position of mayor will be held during the MCD's first meeting, and members who are nominated will not be able to vote in that election. 
●    After being elected mayor, the mayor will preside over the election of the deputy mayor and standing committee members, during which the nominated members' right to vote will still be suspended.
●    The first meeting of the Municipal Corporation must be called with 24 hours' notice. The first Municipal Corporation meeting at which the Mayor should be elected should be specified in the notification.
"Aldermen (nominated members) cannot vote and that is the basic principle of democracy", After dictating the order, CJI Chandrachud made a statement verbally.

Case Details:-

W.P.(C) No. 152/2023

SHELLY OBEROI & ANR. Petitioner(s)
 VERSUS
OFFICE OF LIEUTENANT GOVERNOR OF DELHI & ORS. Respondent(s)