Delhi LG has power to nominate 'aldermen' in MCD: Supreme Court

New Delhi: In a setback to the Aam Aadami Party (AAP), the Supreme Court on Monday upheld Delhi Lieutenant Governor's decision to nominate 10 'aldermen' to the Municipal Corporation of Delhi (MCD).
A bench of Chief Justice of India DY Chandrachud and Justices Narasimha, JB Pardiwala said that LG is expected to act as per the statutory mandate and not as per the aid and advice of the Delhi government.
Since it was a statutory power and not an executive power, the LG was expected to act as per the statutory mandate and not as per the aid and advice of the Delhi Government, it added.
"Delhi LG is expected to act as per the mandate of the statute and not the aid and advice of council of ministers," said the top court while pronouncing the judgement.
The verdict of the top court came on a plea of Delhi government challenging the nominations of 10 'aldermen' by the LG to the Municipal Corporation of Delhi. In May 2023, the apex court had reserved the judgement.
AAP government apex court that the nominations had been made in the ward committees of the MCD where the BJP was weak.
Counsel appearing for LG had contended that "aid and advice" of the Delhi government was not necessary while exercising a statutory power which was specifically conferred on the Administrator.
After AAP won the municipal elections, the LG appointed 10 'aldermen' that were opposed by Delhi government.
The petition of the Delhi government had sought quashing of order dated January 3 and 4, 2023 whereby the LG nominated 10 persons as nominated members of the MCD.
Lieutenant Governor has "illegally"appointed 10 nominated members to the Municipal Corporation of Delhi on his own initiative, and not on the aid and advice of the Council of Ministers, the plea had stated.
This is the first time since Article 239AA came into effect in 1991 that such a nomination has been made by the LG completely by-passing the elected government, thereby arrogating to an unelected office a power that belongs to the duly elected government, Arvind Kejriwal led Delhi government had said.
It had sought direction "to nominate members to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957, in accordance with the aid and advice of the Council of Ministers."
"It is pertinent to note that neither the section nor any other provision of law says anywhere that such nomination is to be made by the Administrator in his discretion. As such, under the scheme of Article 239AA of the Constitution, the word "Administrator" must necessarily be read as Administrator / Lieutenant Governor, acting on the aid and advice of the Council of Ministers, and the Lieutenant Governor was bound to make the nominations on the aid and advice of the Council of Ministers," the plea had added.
In the present case, the Lieutenant Governor has not been vested with any discretionary authority to make nominations to the MCD under either a constitutional provision, or any statutory provision, the Aam Aadmi Party had said.
"Accordingly, the only two courses of action open to him were to either accept the proposed names duly recommended to him for nomination to MCD by the elected government, or to differ with the proposal, and refer the same to the President. It was not open to him at all to make nominations on his own initiative, completely circumventing the elected government. As such, the nominations made by the Lieutenant Governor are ultra vires and illegal, and are consequently liable to be quashed," the plea had added.