The Delhi High Court in the case Kamaljeet Sehrawat v. Office Of Lieutenant Governor Of Delhi And Ors and othe connected matter observed and has set aside the decision taken by Mayor Shelly Oberoi in order to hold re-election for six members of the standing committee of the Municipal Corporation of Delhi.
The bench headed by Justice Purushaindra Kumar Kaurav in the acse observed and has held that the plea moved by BJP councillors Kamaljeet Sehrawat and Shikha Roy, wherein it challenged the notice issued by the Mayor on February 24.
The court in the case observed that the Mayor to declare the results of the elections which were being held on February 24. Thus, the bench of Justice Kaurav in the case stated that the decision taken by Oberoi’s was not being based on any material and that she acted in excess of her powers.
Therefore, the court in the case stayed the impugned notice in the month of February 25, wherein the court observed that prima facie, the returning officer or Mayor was conducting the re-elections without declaring the results of elections conducted on February 24. Thus, it has also been stated by the said court that the same was in violation of Regulation 51 of New Delhi Municipal Council (the Procedure and Conduct of Business) Regulations, 1997.
The petitioner in the plea stated that that although the Mayor conducted elections for six members of the standing committee on February 24, the court issued the notice on the same day for re-elections without declaring results.
Further, it has also been contended by the mayor in the case that she had no other alternative but to declare the earlier poll as null and void as the process was vitiated due to the unruly behaviour of the members.
Adding to it, it was also submitted before the court that Mayor did not get adequate cooperation from the member secretary and technical expert. In the said plea, the respondent was Delhi government, Delhi Lieutenant Governor VK Saxena, the civic body and Mayor Shelly Oberoi, who in the case was also the returning officer. The counsel, Senior Advocates Mahesh Jethmalani and Jayant Mehta represented the petitioner. The counsel, ASC Udit Malik, Standing Counsel Ajay Digpaul, Senior Advocates Rahul Mehra and Raj Shekhar Rao represented the respondents.
