Argument of Delhi government, aldermen vote in ward committee
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, said that the nominated members vote to form the ward committees of the MCD, where the BJP is weak. Additional Solicitor General Sanjay Jain, appearing for the LG office, said that his role as an administrator is different from the role of the LG under Article 239AA. It is not binding on the Administrator to follow the advice of the Delhi Government in making nominations. On this, Singhvi said that LG has no separate power to nominate Alderman in MCD. The practice of the last 30 years is that the LG appoints the alderman in consultation with the Delhi government. On this, Sanjay Jain said that if a practice is going on for 30 years, it does not mean that it is correct. Anyway, the nominated member does not have much rights. Then Singhvi said that the aldermen vote to form the ward committee.
‘Is the nomination of specialized people in MCD so important for the Centre?’
The Supreme Court said that giving the LG the power to nominate the MCD’s alderman meant he could destabilize the elected civic body. This is because the nominated member has the right to vote in many places. A bench headed by Chief Justice DY Chandrachud said whether the nomination of specialized people in MCD is so important for the Centre? The Chief Justice said in a verbal comment on Wednesday that if this matter is looked at in another way, then the local body is a matter of such importance for the Central Government? He can keep such 10 members anywhere, as they have voting rights. Senior Advocate Abhishek Manu Singhvi appeared for the Delhi Government and agreed with the said observation and said that the nominated committee members form the Ward Committees of MCDs where BJP is weak.
‘Acceptance of advice in the legislative authority of the administrator is not binding’
Additional Solicitor General Sanjay Jain appeared on behalf of LG’s office and said that LG’s role as administrator is different from the role under Article-239AA. The LG’s role under the Delhi Municipal Corporation Act is that of an administrator. The Act defines the role of the LG as the administrator. The Legislative authority of the Administrator is not binding on the advice of the Delhi Government. The functions of the Central and State Governments are different. The Additional Solicitor General said that the Administrator has got some powers from the legislation. On this, Justice Narasimha questioned whether the LG who has been empowered during the period of the administrator is independent? Arguing on behalf of Delhi Government, Senior Advocate Singhvi has said that no separate power has been given to LG to nominate Alderman in MCD. The practice of the last 30 years has been that he has been appointing aldermen in consultation with the LG Delhi government. Singhvi said that the decision of two constitutional benches of the Supreme Court has come, in which it is certain that the LG will work with the advice of the Delhi government. LG never nominated an alderman without consulting the minister. On this, Additional Additional Solicitor General Jain said that a practice was going on for 30 years, it does not mean that it is correct. Singhvi said that if the argument of the Additional Solicitor General is accepted, then one after the other the LGs have made mistakes. The Chief Justice said that the LG having the right to nominate the alderman would have a realistic chance of destabilizing the democratically elected MCD. Aldermen vote in appointing the Standing Committee of the MCD. Additional Solicitor General Jain said that the nominated member does not have much authority. Singhvi then said that the Alderman appoints the Ward Committee and he has the right to vote in the matter of such Ward Committee.
Source: navbharattimes.indiatimes.com”