AAP to move SC against illegal MCD standing committee poll: Atishi

Delhi chief minister Atishi accused the BJP on Saturday, 28 September, of "murdering" democracy and claimed that the election of a member of the MCD's standing committee was "illegal and unconstitutional".

At a press conference in New Delhi, Atishi said the Aam Aadmi Party (AAP) will approach the Supreme Court against the election held on Friday.

The Bharatiya Janata Party (BJP) won the vacant seat of the Municipal Corporation of Delhi's (MCD) 18-member standing committee unopposed as the councillors of the ruling AAP abstained from voting.

Atishi dared the BJP to get the MCD dissolved and face the AAP in an election to see who according to people should rule the civic body.

"The country runs by the Constitution and laws, not by hooliganism. So the BJP should stop murdering democracy," she said, adding that the standing committee member's election was held in violation of the Delhi Municipal Corporation (DMC) Act, 1957.

According to rules, only the mayor can decide the date and place for the election of the MCD standing committee members. Only the mayor can preside over a meeting of the MCD councillors for the election, the chief minister said.

"Flouting democracy, Constitution and laws, and on the lieutenant governor's instructions, the election of the standing committee member was conducted by making an additional commissioner of the MCD the presiding officer instead of the mayor," she claimed.

The BJP has no regard for the Constitution or rules and regulations and it is not bothered about ripping off democracy, Atishi alleged.

"The LG or the officers do not have the power to call a meeting of the House, yet the LG gave the order, the commissioner obeyed it and called a meeting of the corporation for the election. And instead of the elected mayor, an IAS officer became the presiding officer," she said.

Reacting to Atishi's allegations, Delhi BJP president Virendra Sachdeva said the chief minister's remarks were "completely driven by political self-interest" and aimed at spreading "confusion".

"Atishi should know that under section 45 of the DMC Act, the formation of the standing committee is mandatory. Under section 487, the LG and the municipal commissioner have the authority to convene a meeting of the corporation under special circumstances and they can appoint a presiding officer for the meeting," Sachdeva said.

He added that Atishi should also explain why the AAP is not allowing the appointment of a Dalit mayor in the MCD in the third year of its tenure, as mandated by the DMC Act.

"She is attempting to divert public attention from the AAP's loss in the standing committee election and the lack of unity among the party's councillors," Sachdeva said.

The BJP leader claimed that the AAP did not even want the standing committee election to be held. The election took place only due to a Supreme Court order passed on August 5 and pressure from the Delhi High Court, Sachdeva claimed.

The chief minister should explain why the MCD had, in an affidavit, assured the high court that the process of constituting the standing committee would be completed by the last week of September, he said.

The municipal commissioner and the mayor called a meeting on 26 September for the election of the standing committee member. However, under "pressure" from AAP leaders, the mayor postponed the meeting to 5 October, which is a direct violation of the affidavit given to the high court, Sachdeva said.