The Supreme Court has said that the lieutenant governor of Delhi must follow the advice given by the Delhi government’s council of ministers when nominating 10 aldermen to the Municipal Corporation of Delhi (MCD). This decision was made as part of a ruling on a challenge to the nominations made by the Aam Aadmi Party (AAP) government. The court permitted the office of the lieutenant governor to file a new response to the petition and set a hearing date of 16 May. The AAP claims that the nominations were made without the advice of the council.
The Constitution bench of five judges had previously decided that the Delhi government has legislative and executive powers over all services except public order, police, and land. The bench also advised Additional Solicitor General Sanjay Jain, representing the office of the lieutenant governor, to tell his client that he cannot nominate MCD members without following the council of ministers’ advice. The bench will hear the AAP’s plea on 16 May.
The AAP’s petition seeks to quash the nominations and to ask the LG office to nominate members “in accordance with the aid and advice of the Council of Ministers”. The petition argues that such nominations are not made at the administrator’s discretion and that this is the first time nominations have been made without consulting an elected government. The Delhi Municipal Corporation Act provides for 10 people with experience in municipal administration to be nominated by the administrator, but this must be done with the council’s advice.
