VidhiSangh

Supreme Court of India · 17/02/2023

SHELLY OBEROI & ANR. versus OFFICE OF LIEUTENANT GOVERNOR OF DELHI & ORS.

[2023] 5 S.C.R. 582 · 2023 INSC 132

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

More than two months after the December 2022 elections to the Municipal Corporation of Delhi no Mayor had been elected, and a mayoral candidate petitioned under Article 32. The Lieutenant Governor and the Corporation contended that members nominated under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 could vote at the first meeting electing the Mayor and that all elections should be held together. The Supreme Court allowed the petition: the proviso to Article 243R(2) and the proviso to Section 3(3)(b)(i) deny nominated members a vote at meetings of the Corporation, including the first meeting; under Regulations 7 and 8 of the 1958 Business Regulations the Mayor is elected first and then presides over the elections of the Deputy Mayor and Standing Committee, where the same bar applies; notice of the first meeting was to issue within twenty-four hours.

Issues

  1. Whether members nominated to the Municipal Corporation of Delhi under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 for their special knowledge of municipal administration may vote at the first meeting of the Corporation at which the Mayor is elected.
  2. Whether the election of the Mayor must precede, and the Mayor preside over, the elections of the Deputy Mayor and members of the Standing Committee.

Provisions considered

Held

Result

Writ petition allowed; directions issued that at the first meeting of the Municipal Corporation of Delhi the Mayor be elected first without the nominated members voting, that the elected Mayor preside over the elections of the Deputy Mayor and Standing Committee members at which the same prohibition applies, and that notice convening the first meeting be issued within twenty-four hours; pending application disposed of.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 582.