SC verdict on Aug 5 on Delhi govt's plea against LG's decision to appoint alderman in MCD

In December, 2022, the Aam Aadmi Party (AAP) defeated the BJP in the civic elections, winning 134 wards and ending the saffron party's 15-year run at the helm of the MCD. The BJP won 104 seats and the Congress finished a distant third with nine.

"Is the nomination of specialised people in MCD of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilise the democratically elected Municipal Committees because they (aldermen) will have voting powers also," the top court had said.

Senior advocate Abhishek Singhvi, appearing for the Delhi government, had contended that no separate powers have been accorded to the state government to nominate people to the MCD, and for the past 30 years, the practice of the LG nominating aldermen on the aid and advice of the city government has been followed.

Then Additional Solicitor General Sanjay Jain, appearing for the LG's office had submitted that just because a practice has been followed for 30 years does not mean it is correct.

The bench had observed that giving the LG the power to nominate aldermen will effectively mean that he can destabilise a democratically-elected MCD because these aldermen get appointed to the standing committees and have voting power.

Earlier, the top court had asked about the "source of power" of the LG under the Constitution and the law to nominate aldermen to the MCD without the aid and advice of the elected government.

The ASG had referred to the reply filed by the office of the LG and the constitutional scheme to assert the concept of 'aid and advice', in the context of the administrator's power to nominate members to the MCD, is different from the one which has been projected by the Delhi government here.

He had argued that the file pertaining to nominations to the MCD come directly to the office of LG as he is the administrator, and the concept of aid and advice is not applicable in this case.

Singhvi had referred to the 2018 constitution bench judgement of the apex court and its recent verdict on control over services to claim the LG has to act as per the aid and advice of the government. The senior lawyer contended the LG should have taken back the nominations by now.

"There are 12 zones, 12 ward committees and aldermen can be appointed to any committee...for the first time in the last 30 years, the LG has directly appointed members in the MCD and earlier it was always based on aid and advice (of the government)," Singhvi had said in this arguments.

On May 12, last year, the top court observed that LG has to act on the "aid and advice" of the council of ministers of the Delhi government in nominating 10 aldermen to the MCD.

Besides seeking quashing of the nominations, the plea of AAP government filed through lawyer Shadan Farasat has sought a direction to the LG's office to nominate members to the MCD under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act...," in accordance with the aid and advice of the Council of Ministers”.