News Cubic Studio

Truth and Reality

CJI Chandrachud asked LG, why 10 members were nominated in MCD without asking ministers, Kejriwal government had requested

The Chief Justice of India DY Chandrachud has sought the reply of Delhi Lieutenant Governor VK Saxena in the matter of nomination of 10 members in the Delhi Municipal Corporation. The CJI’s bench has issued a notice to him and fixed the matter for hearing on 10 April. Supreme  The court was hearing a petition filed by Delhi’s Arvind Kejriwal objecting to the government nominating 10 members to the MCD.

In front of the bench of CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala, the counsel appearing for the Delhi Government pleaded that the decision of the Lieutenant Governor was totally wrong.  He nominated 10 members to the corporation without consulting the group of ministers when the election of the chairman was pending.  His decision was to directly influence the majority.

Singhvi said – LG can nominate 10 members but not at will
Advocate Abhishek Manu Singhvi, appearing for the Kejriwal government, says that under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), the Lieutenant Governor has to appoint 10 people other than the elected members of the corporation.  have the right to nominate.  But after consultation with the ministers.  There is a provision that the age of the nominated members should not be less than 25 years.  He must have special knowledge in the municipal administration.

Abhishek Manu Singhvi, who is also disappeared in the Constitution in his arbitrariness, says that under the Article 239AA of the Constitution, the administration (LG) has the right to nominate a member but he talked to the ministers of the government Can not do this without doing this. But the Deputy Governor has dismissed the constitution in his arbitrary. The Delhi government also cited the decision of the constitutional bench in its petition, which was fixed in LG and the government. ALSO In front of Read CJI, the lawyer said, ‘No Gopal’, CJI Chandrachud said – But take care of ‘man’s’ in the court, the government referring to the business Rulz, which was revised in 2021. The proposal to nominate should come from the government. This proposal had to reach LG through Chief Secretary or Chief Minister. LG has the right to comment on it within seven days.

If his opinion differs from the proposal of the Ministers then within 15 days through negotiation has to be resolved by Abhishek Manu Singhvi. It is argued that the Lieutenant Governor bypassing the rules directly nominated 10 members. This sheer democracy it is wrong.