The Supreme Court on Monday has deferred by two weeks the hearing on a petition filed by Shelly Oberoi, a member of the Aam Aadmi Party (AAP) and the Mayor of the Municipal Corporation of Delhi (MCD). Oberoi's petition sought permission for the Corporation to assume the functions of the Standing Committee.

The bench, comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, heard arguments on the matter. Senior Advocate Dr. Abhishek Manu Singhvi, representing the petitioner, highlighted the vital role of the Standing Committee, particularly in decisions involving expenditures exceeding Rs 5 crores, such as the midday meals scheme for school children. Singhvi pointed out that while the Standing Committee comprises 18 members, including those nominated by the Lieutenant Governor (LG), the issue revolves around the legitimacy of LG-nominated members participating in the election of Standing Committee members without the Delhi Government's consent.

Chief Justice DY Chandrachud inquired about the current status of the Standing Committee, to which Singhvi responded that it does not presently exist.

The court's decision to adjourn the hearing by two weeks reflects the complexity of the matter and the need for further deliberation. This delay comes after the court reserved judgment last year on whether the LG can unilaterally nominate members to the MCD without the Delhi Government's consent and whether such members possess voting rights.

At the heart of the legal dispute are notifications issued by the LG appointing ten nominated members to the MCD without the Council of Ministers' advice, a move contested by the Delhi Government. The unresolved legality of these members, who are entitled to vote in Standing Committee elections according to the Delhi Municipal Corporation Act, 1957, has stalled the constitution of the Committee.

Mayor Shelly Oberoi's petition underscores the adverse impact of the Committee's absence on essential services, including procurement of textbooks and medical supplies for MCD schools and health centers, as well as maintenance of public parks and toilets. The Corporation has proposed resolutions to address the situation temporarily, including direct approvals for contracts exceeding Rs 5 crores, which would typically go through the Standing Committee.

In light of these developments, Oberoi contends that until the Standing Committee can be constituted, the Corporation, as the higher authority with greater power and accountability, should assume its functions. The petition seeks relief to ensure the continuity of crucial municipal functions and preserve citizens' interests in Delhi.

Case: MAYOR, MUNICIPAL CORPORATION OF DELHI vs. THE OFFICE OF THE LIEUTENANT GOVERNOR OF DELHI

W.P.(C) No. 73/2024.