In a significant setback to the ruling Aam Aadmi Party (AAP), the Supreme Court on Monday upheld the Delhi Lieutenant Governor’s (LG) authority to appoint aldermen to the Municipal Coproration of Delhi (MCD).
The Court ruled that the LG is not required to act on the advice and aid of the Council of Ministers in making these appointments.
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The verdict, delivered by a Bench comprising Chief Justice DY Chandrachud, Justice P S Narasimha, and Justice J B Pardiwala, was in response to a plea filed by AAP challenging the appointments made by Delhi LG Vinai Kumar Saxena. The ruling had been reserved since May 17 of last year.
AAP approached the Supreme Court after LG Saxena appointed 10 aldermen to the MCD without consulting the Council of Ministers. All the appointees were allegedly BJP members, prompting AAP to accuse the BJP of attempting to seize control of the MCD despite lacking a majority.
In the 2022 civic body elections, AAP, led by Arvind Kejriwal, secured a decisive victory, winning 134 out of 250 seats in the MCD. The BJP, which had governed the MCD for 15 years, was reduced to 104 seats.
However, the appointment of the 10 aldermen shifted the balance of power within the MCD, as all the new aldermen were affiliated with the BJP.
The LG made these appointments under the provisions of the Delhi Municipal Corporation Act, 1957, which grants him the authority to appoint aldermen with specialized experience in municipal administration to the MCD.
This ruling reinforced the LG’s power in the administration of Delhi amid the ongoing tussle between the Delhi government and the central authorities.
