NEW DELHI: The Delhi High Court on Tuesday set aside the decision of Mayor Shelly Oberoi to re-elect six members of the MCD standing committee, after noting that the actions taken by her is ‘nothing but a colourable exercise of power.’The mayor on February 24 announced fresh polling for the six members on February 27 amid clashes between BJP and AAP councillors in the Municipal House.
Allowing the plea by two BJP councillors -- Kamaljeet Sehrawat and Shikha Roy -- against the re-poll announcement, Justice Purushaindra Kumar Kaurav directed the Mayor to declare forthwith the results of the poll held on February 24.The act of the Mayor in rejecting the ballot after the stage of scrutiny and determination of quota was bad in law, the judge said.
“The decision of the Mayor/RO was in excess of powers conferred by the applicable law. The actions were without any power or authority and taken without jurisdiction,” the court noted in the order.In the present case, the court added, the poll took place, scrutiny was conducted and the quota was ascertained, and so non-declaration of result would be an act of disrespect towards the voters. It said the “entire approach” the mayor was contrary to the legal regime.
“Stopping the election process prematurely would result in an incomplete or inaccurate count of votes, which could lead to disputes, claims of fraud and a lack of confidence in the election results. Such an approach would ultimately undermine the democratic process and the legitimacy of the elected officials,” the court said.
The order also summarised that “the decision of re-poll taken by the Mayor/RO is impermissible as the same was not based on any material relevant to the issue.”“Writ petition is allowed. Impugned order is set aside. Returning officer is directed to declare the result forthwith,” the court ordered.
“.. If this court refrains to exercise writ jurisdiction under the facts of the present case, the same would amount to nullify a validly conducted poll and counting, and to force the electorate to participate in a re-poll which normally cannot be resorted to unless the facts and situation so demands,” it was observed.
The HC stayed the re-poll on February 25. The petitioners alleged that the mayor, who was the returning officer, wrongly invalidated one of the votes and interdicted the election process upon finding the results “politically unpalatable.”
We accept court’s decision, says Oberoi
Mayor Shelly Oberoi on Tuesday said she accepted the ruling of the Delhi High Court setting aside her decision to call for a repoll to elect six members of the MCD standing committee. “We hold the court of law in high regard and thus, accept the decision of the Hon’ble High Court pertaining to the election of the standing committee of MCD,” she said.