Why the MCD House elections have been stalled for the third time

Source: The post is based on the article “Why the MCD House elections have been stalled for the third time” published in Indian Express on 7th February 2023.

What is the News?

The Presiding Officer for the mayoral election in the Municipal Corporation of Delhi (MCD) has said that aldermen — who are nominated members — are allowed to vote in the House and elect the Mayor, Deputy Mayor, and members of the Standing Committee.

Who are aldermen?

The term alderman refers to a member of a city council or municipal body; however, their specific roles and responsibilities differ according to the context.

Under the Delhi Municipal Corporation Act, the administrator can nominate 10 individuals over the age of 25 to the corporation. These aldermen are expected to have special knowledge or experience in municipal administration and assist the House in taking decisions of public importance.

What does the law say about voting rights for nominated members?

According to the Delhi Municipal Corporation Act, 1957, nominated members shall not have the right to vote in the meetings of the Corporation.

Article 243R of the Constitution which describes the “Composition of Municipalities”, says that The Legislature of a State may, by law, provide for the representation in a Municipality of persons having special knowledge or experience in Municipal administration provided that the persons shall not have the right to vote in the meetings of the Municipality.

Does this mean aldermen have no voting rights at all?

Until 2015, aldermen had no voting rights in the House or Ward Committees (there is one from each of the 12 zones) of the MCD.

However, a single-judge Bench of the Delhi High Court ruled that the nominated members being constituent members of Ward Committees, can participate and vote in any meeting of the respective Wards Committee.

However, they cannot file their nomination or offer their candidature for being elected as Chairperson of the Ward’s Committee.