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Source: The post is based on the article “Nominated members cannot vote in Delhi Mayor poll: Supreme Court” published in The Hindu on 18th February 2023
What is the News?
The Supreme Court has ordered the Lieutenant Governor (LG) of Delhi to announce within 24 hours the date of the polls to elect the mayor of the Municipal Corporation of Delhi (MCD).
The court also made it clear that members nominated by the LG to the MCD cannot vote in the polls to elect the mayor.
What was the case in the Supreme Court about?
What did the Supreme Court held?
The Supreme Court has held that the Constitution has imposed restrictions on the nominated members as they don’t have the right to vote.
The same restriction finds statutory recognition in the Delhi Municipal Corporation Act, 1957.
The court also emphasized that the Delhi Municipal Corporation Regulations, 1958 stipulates that as soon as the Mayor is elected, he shall preside over the meeting for the transaction of the rest of the business.
These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority.
