Nominated members have no right to vote in MCD Mayor elections says Supreme Court

The Supreme Court put an end to the controversy of Mayor elections of MCD (Municipal Corporation of Delhi) regarding the right to vote of nominated members for MCD Mayor elections. The bench including Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and PS Narasimha held that nominated members for MCD elections cannot vote in the elections for Mayor, Deputy Mayor, and Standing Committees.

The decision was taken on the basis of Section 3(3) of the DMC (Delhi Municipal Corporation) Act. 1957 and Article 243R of the Indian Constitution, stating that the members nominated by the administrator do not have the right to vote in elections. The top Court also ordered that the Mayor and the Deputy Mayor have to preside over all the meetings including during the election of Standing Committees. The decision was supported by Section 76 of the DMC Act. 

The bench ordered that “The prohibition on nominated members excursion the right to vote in terms of S 3(3)(b)(1) shall apply to the first meeting where the mayor and the deputy mayor are to be elected.” Arguments made by both the MCD and the Lieutenant General of Delhi were rejected by the bench hearing the case. The Apex Court further highlighted that the notice of the first meeting of the Municipal Corporation should be issued within 24 hours.  

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