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Relief to Delhi LG, Supreme Court upholds Delhi Lieutenant Governor’s decision to nominate 10 aldermen to MCD

Supreme Court On Alderman: The Supreme Court has upheld the decision of the Lieutenant Governor of Delhi to nominate 10 ‘aldermen’ in the Municipal Corporation of Delhi (MCD). This decision is being considered a big relief for the Lieutenant Governor. The Supreme Court rejected the argument of the Delhi government that the Lieutenant Governor is bound to follow the advice of the Council of Ministers regarding the nomination of ‘aldermen’ in the MCD. The apex court was hearing a petition in which the Aam Aadmi Party had challenged the appointments of aldermen nominated by the Lieutenant Governor in the MCD. On May 17, 2024, the case was heard by a bench of Chief Justice DY Chandrachud, Justice PS Narasimha and JB Pardiwala and the decision was reserved.

What did the Supreme Court say

Earlier, during the hearing held in May 2024, the Supreme Court had said that giving the Lieutenant Governor the right to nominate aldermen in the Municipal Corporation of Delhi (MCD) means that he can destabilize the elected municipal body. A bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala said this while reserving the verdict on the Delhi government’s petition challenging the Lieutenant Governor’s right to nominate ‘aldermen’ in the Delhi Municipal Corporation.

The bench had said, is the nomination of 12 eminent persons in the MCD a matter of so much concern for the Center? In fact, giving this power to the Lieutenant Governor would mean that he can destabilize the democratically elected municipal committees as they (aldermen) will also have voting rights. The Supreme Court had questioned the source of the Lieutenant Governor’s authority under the Constitution and law to nominate 10 aldermen in the Municipal Corporation of Delhi (MCD) without the aid and consultation of the elected government.

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