Shelly Oberoi & Anr. vs Office of Lieutenant Governor of Delhi & Ors.

Court

Supreme Court of India

Date

17 February 2023

Case No.

Writ Petition (Civil) No 152 of 2023

Result

Allowed

Bench

D.Y. Chandrachud, Pamidighantam Sri Narasimha, J.B. Pardiwala

Citation

[2023] 5 S.C.R. 582 : 2023 INSC 132

Headnote

Delhi Municipal Corporation Act, 1957: ss. 3(3)(b)(i), 35(1),

73 – Election of mayor and deputy mayor of Municipal Corporation of Delhi, if to be held simultaneously – Right of nominated members of the municipal corporation to vote – Held: At the first meeting of the Municipal Corporation of Delhi, the election shall be held first for the post of Mayor and upon the election of the Mayor, the Mayor shall act as the presiding authority for conducting the election of the Deputy Mayor and the members of the Standing Committee – Members nominated in terms of s. 3(3)(b)(i) shall not have the right to vote – Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations 1958 – Regn 7 – Constitution of India – Art.243R. Ramesh Mehta v. Sandal Chand Singh (2004) 5 SCC

409 - referred to.

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked for seeking diverse reliefs pertaining to the constitution of the Municipal Corporation of Delhi following the elections which took place on 4 December 2022. These elections were held to elect 250 Councillors. The first petitioner is a prospective candidate for the post of Mayor. Though over two months have elapsed since the date of the election, the election of the Mayor has not be held. 2. Chapter II of the Delhi Municipal Cor

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