"What happens to democracy if you interfere?": Supreme Court Questions LG VK Saxena's "Glaring Hurry" in Conducting MCD Standing Committee Elections

The Supreme Court on Friday questioned Delhi Lieutenant Governor VK Saxena's hurry in conducting the election for the 18th and final seat of the Municipal Corporation of Delhi's Standing Committee. The court issued a stay on the voting process to select a Chairman of the House. In addition, the apex court questioned the Lieutenant Governor about the basis for his authority in this matter. The court asserted that such actions disrupt the democratic process.

Justices PS Narasimha and R Mahadevan scrutinized the "glaring hurry" displayed by the Lieutenant Governor in organizing the election for the 18th and final seat, questioning the legal grounds for his decision. "Where do you (the LG) get the power?" the court asked, highlighting the presence of Mayor Oberoi, who is supposed to preside over such elections.

The judges expressed their concerns about the implications for democracy. "What happens to democracy if you interfere like this? Is there politics in this too?" questioned the top court. The court has sought a response from Saxena regarding Oberoi’s petition, which challenges the election of BJP's Sundar Singh Tanwar to the committee.

Tensions escalated last week as the BJP and AAP clashed over the election for the critical 18th seat, which the BJP won after the AAP boycotted and the Congress abstained. With this victory, the BJP gained control of the Standing Committee, holding 10 out of 18 seats, thereby obtaining the ability to select the Chair.

The AAP criticized the timing of the election, which took place with only BJP councillors present. They claimed there was insufficient notice given for councillors to participate. "We live in a democracy. It is written in the law that whenever the House is called, 72 hours will be given," stated AAP leader Arvind Kejriwal, suggesting ulterior motives behind the LG's actions. AAP leader Manish Sisodia labeled the proceedings "illegal" and noted, "There is nothing today." Kejriwal emphasized that only the mayor has the authority to convene meetings of the MCD House, claiming the Lieutenant Governor had improperly delegated this responsibility.

Mayor Oberoi had addressed a letter to MCD Commissioner Ashwani Kumar, denouncing the LG's election call as "illegal." This claim was ultimately dismissed by Saxena.

BJP's Sundar Singh Tanwar secured the 18th seat with 115 votes, representing the total number of BJP councillors. In response to his election victory, he said, “AAP might not have had trust in their own councillors, they thought it was better to run away from the election. This is the win of democracy... AAP is good at lying.”

This election was prompted by the vacancy left by BJP councillor Kamaljeet Sehrawat, who was elected to the Lok Sabha.​